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LIBRARY OF CONGRESS, 

COPYRIGHT OFFICE. 

No registration of title of this 
article as a preliminary to copyright 
protection has been found. 

Forwarded to \ Mtwk [ Division ^_^_'_.'^/_.^^<^? 



(1, iii, 1906—5,000.) 



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Ccovri-ht- Cffic? 



DEC 26 iC„^; 



Bulletin No. 23, 1907. 

STATE OF MICHIGAN, 



DEPARTMENT OF PUBLIC INSTRUCTION. 



Summary of School Legislation for the session of 1907. 



The legislature of 1907 passed fourteen general acts affecting the 
'managenient of the schools of the state. Some of these are amend- 
ments to portions of the Compiled Laws and others are amendments 
to the School Laws and some are entirely new acts. The following 
is a summary of the principal features of the laws passed affecting 
schools: 

1. Act 35 is a new law providing for the establishment of county 
schools of agriculture, manual training and domestic economy. The 
board of supervisors of the county is authoiized to appropriate money 
for such schools and may, with the approval of the electors of the 
county, bond the county for the purpose. A county school board is 
created to consist of five members, of whom the county commissioner 
of schools is one. The others are elected by the board of supervisors 
for a period of four years. Two or more counties may- unite in the 
establishment of such schools. The county treasurer is ex officio 
treasurer of the board. Section 6 provides that instruction in agri- 
culture, domestic economy and manual training shall be given, and 
under elements of agriculture it is specified that instruction shall be 
given concerning the soil, plant life and animal life of the farm, a 
system of farm accounts, and instruction in manual training and 
domestic economy. It is provided that each school shall have a tract 
of land for experimental purposes of not less than ten acres, and such 
schools shall be free to the inhabitants of the county or counties if 
two or more combine. The State Superintendent of Public Instruc- 
tion and President of the Michigan Agricultural College are to de- 
termine the cjualilications of teachers and all such schools are under 
the general supervision of the State Superintendent of Public Instruc- 
tion. This act given immediate effect. 

2. Act 48 provides for the compulsory education of deaf children. 
The act is in the nature of an amendment to the general compulsory 
law and provides that every parent, guardian or other person having 
control of children between the ages of seven and eighteen years who 



by reason of deafness cannot be taught in the public schools shall be 
required to send such child to a day school for the deaf, the Michigan 
School for the Deaf, or such other school for the deaf as the parent 
prefers,^ but if the child is not sent to some deaf school the ^truant 
officer shall see that he is sent to the school for the deaf at Flint. It is 
provided that in certain cases the State shall furnish transportation 
for* such' children to the School for the Deaf, and the officers who 
under the general statute are concerned in enforcing the compulsory 
school law are made the officials to enforce this law. 

3. Act 74 amends the truancy law, or Act No, 200 of the Public 
Acts oft 1905. The amendments are as follows: 

(a) Children between the ages of seven and sixteen years are re- 
quired to 'attend school the entire school year and the attendance 
must be continuous and consecutive. 

(b) Under exemptions children who are taught in a private or 
parochial school in the branches usually taught in the public schools, 
or who upon the completion of the work in such schools shall satisfy 
the county commissioner or superintendent of schools that they have 
completed the work of the eighth grade, are exempt. All children 
who are holders of eighth grade diplomas from the public schools are ex- 
empt. The truant officer is authorized to secure the written statement 
of a competent physician when it is claimed that children are physically 
unable to attend school; and children over fourteen years of age may 
be excused from attendance by the county commissioner or city super- 
intendent on recommendation of the school board. Children be- 
tween twelve and fourteen years of age while in attendance at confir- 
mation classes conducted for a period of not to exceed five months 
in those years are exempt. 

(c) Section 2 of this act was amended by providing that the sheriff 
shall select a person of good moral character to act as truant officer 
for the county who must file an acceptance and a bond of a thousand 
dollars. Said officer has the powers of a deputy sheriff and performs 
the duties of truant officer when directed by the sheriff. In graded 
school districts the board of education have authority to appoint one 
or more truant officers and fix their compensation. This is in lieu of 
the provision that the village marshal could act under the old law. 
Further, in the township unit districts of the upper peninsula the 
board of education has authority to appoint one or more truant officers 
for the township but there shall also be a county truant officer and if 
the board of education fails to act or if the township truant officer fails 
to act then the county truant officer shall act. The compensation 
of the county truant officer is fixed at three dollars a day and actual 
expenses, bills to be certified by the sheriff. 

(d) Section 4 is amended by providing that when truancy cases are 
reported the truant officer must investigate the case and within twenty- 



four hours give formal written notice to the parent and in case of 
failure to comply with the notice the truant officer is required within 
three days to make complaint against the parent. 

(e) Section 3 is amended in clause (d) by providing that instead 
of a person found guilty being liable to a fine he shall on conviction be 
fined not less than five dollars nor more than fifty or imprisoned in 
the county jail. This takes the discretionary authority away from the 
justices and if the person is found guilty their duty is to levy the fine. 

This act is given immediate effect. 

4. Act 91 amends (a) section 4665 of the School Laws in the seventh 
clause by providing that the people may vote a tax to pay the premium 
upon any surety bond required by the treasurer. This is the same 
clause which authorizes the people to vote compensation to district 
officers. 

(b) Section 4667 of the School Laws was amended by adding a clause 
to be known as clause 9, that upon the expiration of twenty days 
after the failure of the district to elect a successor at the annual meeting 
the office becomes vacant and the school inspectors of the township 
shall appoint a successor. 

(c) Section 4674 is amended by providing that, in addition to the 
funds the tax for which the school board shall vote, in dis- 
tricts having less than fifty children on the census list the school 
officers shall vote compensation for themselves not exceeding ten 
dollars for director, ten dollars for treasurer and five dollars for modera- 
tor. This section is also amended by providing that whenever the 
district or the board has voted a tax and the money is needed they may 
borrow the money. 

(d) The chief amendment in this act is to section 4691 in regard to 
school treasurer's bond. It provides that each treasurer shall within 
ten days after his election file a bond in double the amount of money 
on hand plus the amount to come into his hands during each year of his 
term of office and that he shall file a new bond each year thereafter 
so long as he remains treasurer. It is provided that these bonds shall 
be signed by two or more sureties, each of whom shall justify to 
the amount for which he is holden in the bond, or he may furnish the 
bond of a surety company. The premium on said bond may be paid 
by the district as above stated. This bond is to be filed with the di- 
rector and approved by both moderator and director. This section 
is further amended by providing that when the amount of money 
coming into the hands of a treasurer shall exceed $3,000 the board may 
by resolution provide for the deposit of the school funds in banks or 
trust companies under certain restrictions which the law specifies. 
Not given immediate effect. 

5. Act 110 amends sections 3, 4 and 5 of Chapter 32 of Act No. 215 
of 1895, or the fourth class city act. Section 3 is amended by providing 



that the election shall be conducted as a township election, and nomi- 
nations to office shall be by petition signed by at least twenty-five 
tiualified electors of the district. The board of education is to appoint 
three election commissioners on or before the 20th of June of each year 
^\ho perform the usual duties of election commissionei s for the school 
-district. Section 4 is amended by pro^'iding that the president and 
secretary of the board of education and one trustee designated by them 
shall act as a board of inspectors, also that the qualifications of voters 
at such elections in fourth class cities shall be the same as are pre- 
scribed by the general School I^aws. Section 5 requires the board of 
inspectors to make a poll list and have the school census at the election 
open for inspection and they shall have the right of access to all regis- 
tration books of the wards of the city. This act is given immediate 
effect but it affects only such fourth class cities as manage their schools 
vmder the provisions of the fourth class city act. 

6. Act 112 amends section 4805 of the Compiled Laws or School Laws 
in regard to the granting of college certificates by providing that the 
pedagogical course may be in addition to or a part of the regular col- 
lege course and that the three years of teaching required before a life 
certificate can be issued may be done either in Michigan or elsewhere. 
Not given immediate effect. 

7. Act 11 o amends section 2 of Act 147 of 1891 in regard to commis- 
sioners of schools by providing that the commissioner of schools in 
Lake county shall be elected hereafter at the general election in Novem- 
])er and his term of office shall commence on the first day of January 
following. 

8. Act 116 is a new law providing for the compulsory education of 
blind children. It really amends sections 7 and 9 of Act 123 of the 
Public Acts of 1893 governing the Michigan School for the Blind. 
Tliis law requires each school census enumerator to procure the name, 
age and residence, and the name and lesidence of the parents or 
guardians or the persons in control of each blind child, or of each child 
whose \'ision is so defective as to make it impossible to educate him 
in tlie pul)Iic schools. It requires a special census of all such children 
between the ages of seven and nineteen years, and this census list is 
to be filed with the Superintendent of Public Instruction on blanks 
prepared and furnished by said Superintendent, and a copy of each is 
to be filed with tlie ]>ropcr officers of the township or city, that is, 
townsjiip or city clerk. Tlie Superintendent of Public instruction 
is ref|uired to verify and tabulate this census list and furnish them to 
the sui)erintendent of the Scliool for the Blind. All parents of blind 
children between the ages of seven and nineteen years are required to 
iuive such cliiklren educated in the Michigan School for the Blind., 
But four exceptions are provided. The superintendent of the School 
for the Blind is required to furnish the county commissioner or city 



superintendent with a list of such children under his jurisdiction, and 
said commissioner or superintendent shall see that the truant officer 
takes proper steps to enforce the law. The penalties proA^ided for 
violation of the law are the same as the truancy law. This act was 
given immediate effect, 

9. Act 125 amends section 1826 of the Compiled Laws or School 
Laws in regard to the powers of the State Board of Education and 
authorizes said board to recognize State certificates granted in other 
states under equivalent conditions to those required in Michigan. 

10. Act 126 amends the rural high school law in section 4 by pro- 
viding that children above the sixth grade may attend such rural 
high school. 

11. Act 127 amends sections 4814 and 4815 of the Compiled Laws 
or School Laws in regard to the powers of the county commissioner of 
schools and boards of examiners. The first named section is amended 
by providing a legal procedure for the revocation or suspension of a 
teacher's certificate. It also provides that the commissioner of schools 
may suspend the force of any teacher's certificate temporarily when 
from his personal inspection of the work or from personal knowledge 
he is satisfied that the teacher has been guilty of wilful neglect of 
duty, or is incompetent, or has been guilty of gross immorality. The 
section is quite a long one and is purely technical as to legal procedure. 
Section 4815 is amended in several particulars by requiring the commis- 
sioner of schools to keep a record of all meetings of boards of examiners 
and authorizing the commissioner to call meetings of the examiners 
at such times as he may deem best. In other words, the county com- 
missioner of schools is made the executive officer of the board of 
examiners. The commissioner is also required by other amendments 
to inspect the schools, the instruction, text books, apparatus, efficiency 
of teacher, condition of school property,the enforcement of the truancy 
law and report the same to each director. 

12. Act 247 amends sections 4746, 4747 and 4748 of the Compiled 
liaws or School Laws in regard to the organization of graded school 
districts. This is one of the most important bills passed by the legis- 
lature. It is provided in section 1 that graded school districts may be 
organized by a majority vote of the c|ualified voters present at any 
annual or special meeting. It specifies also the qualifications for 
voters in such districts and the qualifications of members of the board 
of education, which are the same as are provided in the general School 
Laws governing primary districts, that is, a person to be eligible to 
school office must have property assessed for school taxes, his name 
must appear on the assessment roll and he must be the owner in his 
own right of the property so assessed. It is provided that all graded 
school districts organized prior to 1907 shall operate under the pro- 
visions of the new act without reorganization, and that all officers here- 



6 

after elected shall be elected under the new law. Section 2 is amended 
by requiring each officer to file a WTitten acceptance and affidavit 
setting forth the facts of his eligibility and authorizes the board to 
form its own organization. It provides also that the treasurer may 
file either personal or surety bonds in double the amount of money to 
come into his hands. Section 3 of this act in regard to the powers of 
the school board is amended by authorizing the board to audit the 
accounts of the secretary and authorizes the secretary to incur inci- 
dental expenses to the amount of one hundred, dollars without the 
authority of the school board. They are also authorized to vote the 
amount of tax necessary for teachers' wages, fuel and other incidental 
expenses, also other matters. The fifth clause is amended by pro- 
viding that in all graded school districts where six or more teachers 
are employed the board of education is authorized to employ a super- 
intendent of schools who shall be the holder of at least a state certificate 
or a normal school diploma or have qualifications equivalent. The 
law also specifies the powers and duties of the superintendent. This 
law was not given immediate effect. 

13. Act 251 provides for the establishment of a bureau of informa- 
tion for school officers and teachers in the Department of Public In- 
struction. This law given immediate effect. 

14. Act 256 amends section 4717 of the Compiled Laws or School 
Laws as amended in 1905 by providing that any school district by a 
majority vote of the taxpayers may borrow money and issue bonds. 
The old law provided that there should be a two-thirds vote in order 
to bond. This law was not given immediate effect. 

All these laws not given immediate effect wiU take effect ninety days 
after the close of the session, or on September 27. 

The compiling of the School Laws is imder the control of the Secretary 
of State, and they will be compiled and furnished to school officers as 
soon as possible. 

Very respectfully, 



^ irh^iy- 



Superintendent of Public Instruction. 



THE 



SCHOOL LAW 



ov 



MICHIGAI^. 



FIFTH EDITION. 
{Seventeenth to Twenty-second Thousand.) 



BY 



JASON E. HAMMOND, 

FORMERIiY 
SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Lansing, Mich. 
THE HAMMOND PUBLISHING CO., Limited, 

1904. 






LiBRARYotCoNGKESS 
Twu Copies H«icelved 

NOy 18 1906 

Oopyrt^nt £ntry 



CLASS 



XXc. No. 



COPY 3. 

I 11 iiimi^ !■ 



I Ci 



*'Our safety is not In constitutions and forms of govern- 
ment, but in the establishment of right systems of educa- 
iion."-- Jolin D. Pierce, 1838. 



COPYHIOHT BY 

THE MAMMONO ruBLISMINQ COMPANY, LIMITtO 

LANSING, MICH. 



PREFAOE. 



The "School Law of Michig-an" has met with a very Jlattcr- 
ing sale since the edition of 1900 was issued and we find that 
teachers, school officers and students of our educational sys- 
tem have given our little book a place which more than 
filled our expectation. The edition of 1904 has been care- 
fully revised and corrected so that attorneys may, as here- 
tofore, find it a very valuable if not indispensable addition 
to their libraries —especially when it is desired to find quick 
reference to statute law and court decisions relative to school 
affairs in our state. 

In this edition we quote not only from the supreme court 
decisions in Michigan and other states, but have given de- 
cisions of our Attorneys General and Superintendents of 
Public Instruction wherever it has seemed advisable to 
give further light on obscure or disputed points. 

The numbers in this little book refer to the sections in 
the Compiled Laws by Hon. Lewis M. Miller, and wherever 
recent amendments have been made by our Legislature, 
the number and year of its enactment is given. 

Since our last> edition was published in 1900 some very im- 
portant changes have been made and these changes are all 
very carefully and accurately included in this revision. 

Especial attention is called to changes in the law for 



4 PREFACE. 

township districts in the Upper Peninsula (pages 32 and 49); 
the legal qualifications of teachers (pages 56 and 57) ; com- 
pulsory attendance at school (pages 73 to 76); transportation 
of pupils (page 105); and the law providing for the establish- 
ment of County Normal schools (page 106). 

We are confident that this edition will be as cordially re- 
ceived as the former editions and that it will not disappoint 
our patrons. 

JASON E. HAMMOND. 

Lansing, Mich., Jan. 1, 1904. 



TABLE OF CONTEl^TS. 



Chapter I - - - _ Constitutional Provisions 
Chapter II - - Administration of School Affairs 
Chapter III - - Organization of School Districts 
Chapter IV - Powers of Voters at District Meetings 

Chapter V School Officers 

Chapter VI Teachers 

Chapter VII - - Compulsory Attendance at School 
Chapter VIII - - - Text-Books and Libraries 

Chapter IX School Revenues 

Chapter X . . - _ Miscellaneous Provisions 

Appendix. 

Review Questions. 

Index. 



CHAPTER I. 

CONSTITUTIONAL PROVISIONS. 

(From Constitution of Micliigan.) 

ARTICLE VIIL 

There shall be elected at each biennial election, a superin- 
tendent of public instruction for the term of 
CUT OF PUBLIC t>wo years. He shall keep his ofBce at the seat of 
INSTRUCTION, government, and shall perform such duties as 
shall be prescribed by law. 
His term of office shall commence on the first day of 
January, one thousand eight hundred and fifty- 
TERM OF three, and of every second year thereafter. 

OFFICE. Whenever a vacancy shall occur in the office, 

the governor shall fill the same by appointment, 
by and with the advice and consent of the senate, if in 
session. 

ARTICLE Xin. 

The superintendent of public instruction shall have the 
GENERAL gcucral supervision of educational affairs. 

SUPERVISION. 

The proceeds from the sales of all lands that have been or 
hereafter may be granted by the United States to the state 
for educational purposes, and the proceeds of all lands or 
other property given by individuals, or appropriated by the 

state for like purposes, shall be and remain a 
PRIMARY perpetual fund, the interest and income of which, 
FUND. together with the rents of all such lands as may 

remain unsold, shall be inviolably appropriated 
and annually applied to the specific objects of the original 
gift, grant, or appropriation. 



8 SCHOOL LAW 

All lands, the titles to which shall fail from a defect of 
heirs, shall escheat to the state; and the interest on the clear 
proceeds from the sales thereof shall be appropriated ex- 
clusively to the support of primary schools. 

The legislature shall, within five years from the adoption 
of this constitution, provide for and establish a system of 
primary schools, whereby a school shall be kept 
SCHOOL^ without charge for tuition, at least three* months 

SYSTEM. in each year, in every school district in the state; 

and all instruction in said schools shall be conducted in the 
English language. 

A school shall be maintained in each school district at 
least three months in each year. Any school 
MONTHS OF district neglecting to maintain such school shall 
SCHOOL. be deprived for the ensuing year of its propor- 

tion of the income of the primary school fund, and of all 
funds arising from taxes for the support of schools. 

There shall be elected in the year eighteen hundred and 
sixty-three, at the time of the election of a justice of the 
supreme court, eight regents of the University, 
UNIVERSITY ^^^ ^^ whom shall hold their office for two years, 
REGENTS. two for four years, two for six years, and two for 
eight years. They shall enter upon the duties 
of their office on the first of January next succeeding their 
election. At every regular election of a justice of the 
supreme court thereafter, there shall be elected two regents, 
whose term of office shall be eight years. When a vacancy 
occurs in the office of regent, it shall be filled by appointment 
of the governor. The regents thus elected shall constitute 
the board of regents of the University of Michigan, and 
these regents and their successors in office, shall continue to 
constitute the body corporate known by the name and title 
of "The regents of the University of Michigan." 

* Act No. 15 of 1895 increases the minimum length of school year to 
five months. 



OF MICHIGAN. - 9 

The regents of the University shall, at their first annual 
meeting or as soon thereafter as may be, elect a president of 
the University, who shall be ex officio a member of their 
board, with the privilege of speaking, but not of voting. He 
shall preside at the meetings of the regents, and be the 
principal executive officer of the University. The board of 
regents shall have the general supervision of 

SUPERVISION ,^_. . ■,1,. . 

OF uNivER- the University, and the direction and control 
®'^^' of all expenditures from the University interest 

fund. 

There shall be elected at the general election in the year 
one thousand eight hundred and fifty-two, three members of 

a state board of education, one for two years, 
oF*EDucATi'oN ^"^^ ^^^ ^^^^ ycars, and one for six years ; and at 

each succeeding biennial election there shall be 
elected one member of such board, who shall hold his office 
for six years. The superintendent of public instruction 
shall be ex officio a member and secretary of such board. 
The board shall have the general supervision of the State 
Normal School, and their duties shall be prescribed by law. 
Institutions for the benefit of those inhabitants who are 
STATE IN- deaf, dumb, blind, or insane, shall always be 
sTiTUTioNs. fostered and supported. 

The legislature shall encourage the promotion of intellect- 
ual, scientific, and agricultural improvement, and shall, as 

soon as practicable, provide for the establish- 
AGRicuLTURAL meut of au agricultural school. The legislature 

SCHOOL. . . ® 

may appropriate the twenty-two sections of salt 
spring lands now unappropriated, or the money arising 
from the sale of the same where such lands have been 
already sold, and any land which may hereafter be granted 
or appropriated for such purpose, for the support and main- 
tenance of such school, and may make the same a branch of 
the University for instruction in agriculture and the natural 
sciences connected therewith, and place the same under the 
supervision of the regents of the University. 



10 SCHOOL LAW 

The legislature shall also provide for the establishment of 
at least one library in each township and city ; and all fines 

assessed and collected in the several counties 
SCHOOL and townships for any breach of the penal laws, 

shall be exclusively applied to the support of 
such libraries, unless otherwise ordered by the township 
board of any township, or the board of education of any city: 
Provided, That in no case shall such fines be used for any 
other than library or school purposes. 

ARTICLE XIV. 

All specific state taxes, except those received from the 
mining companies of the Upper Peninsula, shall 
SPECIFIC ifQ applied to paying the interest upon the pri- 

mary school, University, and other educational 
funds, and of the interest and principal of the state debt in 
the order herein recited, until the extinguishment of the 
state debt other than the amount due to educational funds, 
when such specific taxes shall be added to and constitute a 
part of the primary school interest fund. 



OF MICHIGAN. 11 



CHAPTER II. 

ADMINISTRATION OF SCHOOL AFFAIRS. 

Superintendent of Public Instruction. 

The chief officer of the state educational system is the 
superintendent of public instruction, who is elected at the 
time of the general state election for a term of two years, 
commencing on the first day of January next following his 
election. 

His salary is one thousand dollars a year and his office is 
SALARY. at the capitol in Lansing. 

He is assisted in the performance of his official duties by a 
deputy and five clerks appointed by himself. 
ASSISTANTS. Thc dcputy is required to take the constitution^ll 
oath of office and is authorized by law to execute 
the duties of the office in the absence of the superintendent 
or in case of a vacancy. Appointments made by the super, 
intendent may be revoked by the superintendent at any 
time (4639).* 

POWERS AND DUTIES. 

1. To visit each and every state institution that is essen- 

tially educational in character and to meet with 
INSTITUTIONS ^^^ govcming board of each institution at least 
once in each year (4639). 

2. To prepare an annual report to the governor, which 



REPORT report shall contain the following information: 



ANNUAL 
PORT. 

(a) A statement of the condition of the University and of 

* Note.— These numbei's refer to sections in the Compiled Laws of 
Michigan. 



12' SCHOOL LAW 

each, of the several state educational institutions, all incorpo- 
rated institutions of learning, and the primary, graded, and 
high schools. 

(6) Estimates and amounts of expenditures of all educa- 
tional funds. 

(c) Plans for the management of all educational funds, and 
for the better organization of the educational system, if in 
his opinion the same be required. 

{d) The annual reports and accompanying documents, so 
far as he shall deem the same of sufficient public interest, of 
all state institutions of educational character. 

(e) Abstracts of the annual reports of the school inspectors 
of the several townships and cities of the state. 

(/) All such other matter relating to his office and the sub- 
ject of education generally as he shall deem expedient to 
communicate (4639). 

3. To compile and cause to be printed all general laws relat- 

ing to schools, with necessary forms, regulations. 

COMPILATION =" . . „ -, . .,' ^. ' 

OF SCHOOL and instructions for conducting all proceedings 
LAWS. under said laws. Such compilation must include 

rules for the management of libraries of townships and 
school districts, one copy to be furnished to each of the sev- 
eral school offices intrusted with the management of school 
affairs (4641). 

4. To prepare statements directing the semi-annual appor- 

tionment of the primary school interest fund 

PRIMARY 

APPORTION- among all the children between the ages of five 
"^'*^' and (under) twenty years of age. Between the 

first and tenth days of each May and November these state- 
ments are made to the auditor general, showing the number 
of pupils of school age in each county, township, and city, as 
appears from the reports of school officers filed in the office of 
public instruction during the month of October just previous 
to the May apportionment. The auditor general, on receiving 
such statements, is authorized to draw a warrant upon the 



OF MICHIGAN. 13 

state treasurer in favor of the treasurer of each county for 
the amount due to each county. In case the reports from any 
county, township, city or district, are defective, the superin- 
tendent is authorized to ascertain, by the best evidence he can 
obtain, the facts upon which the apportionment shall depend. 
It is the intention of the law that districts shall not lose 
public money on account of inaccurate or incomplete reports; 
if the superintendent is unable to gather such information or 
if he finds that school has not been taught in the district at 
least five months (4665, paragraph 11), it is his duty to cause 
such districts to forfeit their share of this fund. He may, if 

he finds that officers failed to comply with the 
FORFEITURE, law through no fault of their own, apportion such 

deficiency at the time of the next apportionment 
(4642 and 4643). The preparation of this statement is one of 
the most important duties of the superintendent of public 
instruction. 

5. To prepare statements for the division of library money 
LIBRARY among townships and districts entitled to receive 
APPORTION- ^ portion of the same (4761). 

6. To prepare all examination questions to be used at 

county teachers' examinations. He is required 
EXAMINATION to scud thc samc under seal to the commissioner 

QUESTIONS. 

of schools (4812). He shall also send to commis- 
sioner of schools the questions furnished by the president of 
the Agricultural College for use in the examination of candi- 
dates for admission into said college (4821). 

7. To prescribe rules and regulations relative to the grant- 
couNTY CER- ^^^ ^^ ccrtlficates by county board of examiners 

TIFICATES. (4815). 

8. To approve and countersign, in his discretion, first 
INDORSED grade certificates (4813). 

CERTIFICATES. 

9. To prepare and furnish to school officers blank forms 
BLANKS AND for auuual reports to the department (4815). 

REPORTS. 



14 SCHOOL LAW 

10. To arrange for a teachers' institute in each organized 

county of the state and act as conductor of the 
INSTITUTES, same, or appoint some suitable person or persons 

to act as conductor or instructors. He has gen- 
eral supervision of the institutes and directs the disburse- 
ments of money belonging to the institute fund (4839). 

11. He may appoint, in his discretion, boards of visitors to 
VISITING ^^y incorporated institution of learning within 
BOARDS. the State (8145). 

12. He is a member of the state board of education (Art. 
DUTIES ^^' ^^^' ^' ^i<^l^- Constitution) and the state 
EX OFFICIO. board of geological survey (1519). 

12a. It is also his duty to prepare for the district schools 
a course of study comprising the branches required for third 
grade certificate, said course to be known as the Agricultural 
College course (4791). 

13. He shall perform such other duties as are or shall be 

required of him by law and, at the expiration of 
OTHER j^ig term of office, shall deliver to his successor 

DUTIES. ' 

all property, books, documents, maps, records, 
reports and all other papers belonging to his office, or which 
may have been received by him for the use of his office. 

13a. The legislature of 1899 made it the duty of the super- 
intendent to authorize the establishment in cities of day 
schools for deaf children, such schools to have an attendance 
of not less than three deaf children (Act 176, 1899). 

State Board of Education. 

Including the superintendent of public instruction, this 
board is composed of four members. The three members of 
the board other than the superintendent are elected for 
terms of six years and receive three dollars per day for their 
actual services, together with necessary traveling and other 
expenses. At each biennial state election one member is 
elected. 



OF MICHIGAN. 15 

The board has general care and management of the state 
normal schools, and its general duties relating 

^^^^J^®"^^"^^ thereto are prescribed by law (1812 to 1832). We 
give in this chapter only such duties as pertain 

to the general school system of the state. 

POWERS AND DUTIES. 

1. The board is required by law to prescribe in the state 

normal schools a course of study intended especi- 
pREscRiBED ally to prepare students for teaching the rural 
STUDY. and elementary schools of the state, such course 

to provide not less than twenty weeks of special 
professional instruction. The board is also required to 
prescribe the courses of study for students, to grant such 
diplomas and degrees and issue certificates to graduates of 
the several normal schools of the state as said board shall 
determine. They shall always maintain in the Central and 
Western normal schools a department for the training of 
rural school teachers (Act 202, 1903). 

2. Certificates for five years are now granted by the state 

board of education upon the recommendation of 
?ER?iFrcATEs. ^^^ priuclpal and faculty of the school, and 

certificates for life are granted to those who have 
completed a full course of not less than four years study. 
Certificates granted by the board are legal certificates to teach 
in all the schools of the state, when recorded with the legal 
examining officer of the county or city where the holder 
thereof proposes to teach. 

3. The board also holds two examinations each year at 

Lansing, to examine candidates for state certifi- 
cERTiFicATEs. ^^^®s. Thcsc cxaminatlons are usually held dur- 
ing the last weeks of July and December. State 
certificates are valid during life. 



16 SCHOOL LAW 

4. The board may indorse state certificates granted in 

other states, if it be shown that the examina- 
iNDORSE tions required or courses of study pursued are 

fciTxE^!^^"^'^' fully equal to the requirements of this statg 

(1826). 

5. It may grant certificates to graduates of colleges of the 
GRANT COL- statc whose courses of study have been approved 
[■"xEr"^"" by said board (4805). 

6. It may examine and approve text-books in physiology, 
APPROVE before such text-books are legally adopted for use 
TEXT-BOOKS, in auy of the public schools of the state (1827). 

County Board of School Examiners. 

This board is composed of three persons, the county com- 
missioner of schools and two examiners, each chosen for 
terms of two years. 

THE COMMISSIONER. 

The commissioner is elected by the people in April of 1903 
and of every fourth year, and enters upon the 

HOW ELECTED, dutlcs of hls officc on the first day of July 
next after his election. Within ten days after 

he has received legal notice of his election, he shall take the 
constitutional oath of office and file a bond in the 

OATH OF penal sum of one thousand dollars for the faith- 

OFFICE. •*■ 

ful performance of his duties (4808). 
The compensation of the commissioner of schools is fixed 

by the board of supervisors. The maximum sal- 
8ALARY. ary paid in any county is $1,500. In counties 

having one hundred and twenty-five schools un- 
der his supervision, the minimum salary is $1,200; in counties 
having one hundred schools, the lowest limit is $1,000; and 

Note —Michigan has four normal schools supported by legislative 
appropriations. The State Normal College at Ypsilanti. the Central 
State Normal at Mt. Pleasant, the Northern State Normal School at 
Marquette, and the Western State Normal at Kalamazoo. These 
schools are in charge of the state board of education. 



OF MICHIGAN. 17 

in counties of fifty schools, $500. In some of the smaller 
counties of the state the commissioners serve for salaries 
ranging from $100 to $500 (4817). 

Before the county clerk can legally issue an order for the 
salary of the commissioner the latter must meet the follow- 
ing requirements: 

1. File a certified statement from the superintendent of 

public instruction that all reports required of 
cERTiriED i^[jj^ have been properly made and filed with said 

STATEMENT. x j. ./ 

superintendent. 

2. File with the county clerk a detailed statement under 
oath, showing what schools have been visited by him during 
the preceding quarter and what amount of time was em- 
ployed in each school, naming the township and school dis- 
trict (4817). 

The necessary contingent expenses of the commissioner for 

printing, postage, stationery, record books, and 

CONTINGENT j-eut of rooms for public examinations shall be 

EXPENSES. '- 

audited and allowed by the board of supervisors 

(4817). 
To be eligible to hold the office of commissioner of schools, 

QUALiFicA- *^® candidate must possess higher qualifications 

TioN OF COM- than are required of most officials. Besides hav- 
ing been a teacher in the public schools of the 

state for twelve months, he must possess one at least of the 

following qualifications: 

1. Be a graduate of the literary department of some rep- 
utable college, university, or state normal school having a 
course of at least three years. 

2. Hold a state teacher's certificate. 

3. Hold a first grade certificate in the county in which he 
is elected. 

4. Have been a commissioner under the provisions of Act 
No. 147, public acts of 1891 (4808). 

2 



18 SCHOOL LAW 

Counties having less than fifty schools under the super- 
vision of a commissioner, may elect a commis- 

iN swALL sioner who is the holder of a second grade cer- 
count.es. ^.g^,^^g (^^^ QQ^ ]^g95j_ 

A graduate of a high school or a person to whom a certifi- 
DATE OF ^^^^ ^^^ granted after the date of his election, 

CERTIFICATE, ig not legally qualified (94 Mich. 170). 

Women are also eligible to hold the office of commis- 
ELiGiBitiTY sioner (4808). 

OF WOMEN. 

Whenever a vacancy occurs in the office of commissioner 

of schools, the county clerk shall issue a call to 

VACANCY the chairmen of the township boards of school 

IN OFFICE. . n 1 -i • • -, 

inspectors of each township m the county, who 
ghall meet within ten days at the office of the county clerk 
ftnd appoint a suitable person to fill the vacancy for the un- 
expired portion of the term (4819). 
The executive duties of the board of examiners devolve 
mainly upon the commissioner of schools. No 
GRANT county certificate is valid without his siernature, 

CERTIFICATES. "^ ° ' 

and he is authorized to grant special certificates. 

He must make out a schedule of the times and places of 

holding special public examinations in counties 

SCHEDULE . 

oFEXAMi- entitled to hold such examinations, and cause 
said schedule to be published in one or more 
newspapers of the county ten days before such examination 
(4811). 

He is required to examine candidates for admission to the 
EXAMINE freshman class of the Agricultural College, using 

COLLEGE CAN- qucstious fumishcd by the president of said Col- 
lege and forwarded by the superintendent of 
public instruction (4821). His duties are as follows (480§ to 
4819): 

1. Immediately after his or her qualification as commis- 
REPORT TO sioner, to send notice thereof to the superintend- 
intendent!^" ent of public instruction and the chairman 



OF MICHIGAN. 19 

of each township board of school inspectors of the 
county. 

2. To keep a record of all examinations held by the board 
RECORD OF EX- ^f school examlncrs and to sign all certificates and 
AMiNATioNs. othcr papers and reports issued by the board. 

3. To receive the institute fees provided by law and to 
RECEIVE iNSTi- V^Y *^® samc to the county treasurer quarterly, 
TUTE FEES. beginning September thirtieth in each year. 

4. To keep a record of all certificates granted, suspended, 

or revoked by the said board or commissioner, 
RECORD OF showing to whom issued, together with the date, 

CERTIFICATES* j r-> 

grade, duration of each certificate, and, if sus- 
pended or revoked, with the date and reason thereof. 

5. To furnish previous to the first Monday in September 

each year, to the township clerk of each town- 
REcoRD OF gt^ip in the county, a list of all persons legally 

authorized to teach in the county at large and in 
such township, with the date and term of each certificate, 
and if any have been suspended or revoked, the date of such 
suspension or revocation. 

6. To visit each of the schools in the county at least once 

in each year, and to examine carefully the disci- 
visiTATioN pline, the mode of instruction, and the progress 

OF SCHOOLS* ir 7 / i tj 

and proficiency of pupils: Provided, That in 
counties containing more than 120 districts (Act 99, 1901), 
the said commissioner may appoint such assistants as may 
be necessary, who shall perform such duties pertaining to 
the visitation and supervision of schools as said commissioner 
shall direct. The whole expense incurred by such assistant 
visitors must not exceed the sum of ninety dollars in any 
one year. 

7. To counsel with the teachers and school boards as to 

the courses of study to be pursued, and as to any 
COUNSEL WITH improvcment in the discipline and instruction in 

TEACHERS. ^ , . 

the schools. 



20 



SCHOOL LAW 



8. To promote by such means as he or she may devise, the 

improvement of the schools in the county, and 

ASSISTANT i_ 1 . ""J 5 "'"■^ 

INSTITUTE the elevation of the character and qualifications 
CONDUCTOR. Qf ^j^Q teachers and officers thereof, and to act 
as assistant conductor of institutes appointed by the super- 
intendent of public instruction, and perform such other 
duties as the superintendent shall require. 

9. To receive the duplicate annual reports of the several 

boards of school inspectors, examine into their 
ITeports. correctness, require them to be amended when 

necessary, indorse his or her approval upon 
them, and immediately thereafter and before the first day 
of November in each year, transmit to the superintendent 
of public instruction one copy of each of said reports and 
file the other in the office of the county clerk. 

10. To be subject to such instructions and rules as the 
superintendent of public instruction may prescribe ; to 
receive all blanks and communications that may be sent to 

him or her by the superintendent of public 
SeJ'orts. instruction, to dispose of the same as directed, 

and to make annual reports at the close of the 
school year to the superintendent of public instruction of 
his or her official labor, and of the schools of the county, 
tog-ether with such other information as may be required. 

11. To perform such other duties as may be required by 
law, and, at the close of the term of office, to deliver all 
records, books and papers belonging to the office to his or 
her successor. 

The law creating the office and prescribing- the duties of 
LIMITATIONS ^^^ commisslouer also places some limitations 
AND RESTRic- aud restrictlous upon his powers and duties as 
■''°''^- follows: 

1. No commissioner shall act as ag-ent for the sale of any 
school furniture, text-books, maps, charts, or other school 
apparatus.* 

*NoTE.— This rule also applies to the superintendent of public instruc- 
tion, instructor at institute and school examiner. 

Act 134. H»u:?. nialces it the duty of comuiissioners to report annually to 
the Board of Library Ooaimissioners. 



OF MICHIGAN. 21 

2. He cannot legally grant a second special certificate to 
the same person. 

3. His expenses for printing, postage, rent of rooms, 
stationery, books, etc., shall not exceed $200 per year. 

4. No traveling fees are allowed him while engaged in 
his official duties. 

THE EXAMINERS. 

The examiners are appointed at the October meeting of 
the board of supervisors for a term of two years, 
HOW AP- a majority of those present and voting being 

necessary to a choice (2476). It is so arranged 
that one examiner goes out of office each year. 
A person eligible to this office must be the holder of at 
least a second grade certificate and have had an 
ELiGiBiLiTx. experience of nine months as teacher (4817). 
Examiners receive four dollars per day for time actually 
employed in their official duties, and persons 
coMPENSA- appointed to assist the commissioner in school 
visitation receive three dollars per day. The 
whole expense incurred for assistant visitors in any one year 
is limited to ninety dollars (4815). 
When a vacancy occurs in the office of examiner, the com- 
missioner and remaining examiner, together with 
oFHCE?^ "^ *^® judge of probate, act as a board to appoint a 
successor, who shall hold his office for the bal- 
ance of the unexpired term (4819). 
The examiners assist the commissioner in the work of con- 
ducting examinations and issuing certificates. 
anmnatIons!' ^^^ duties of the board as to the granting of 
teachers' certificates will be discussed in another 
chapter. 

Township Board of School Inspectors, 

The state constitution (Art. 11, Sec. 1) provides for the 
election of a township clerk who shall be ex officio school in- 



22 SCHOOL LAW 

spector, and for the election of one school inspector; the 
statute (684a) in addition to this declares that the term of 
office shall be two years. The board of school inspectors, 
therefore, consists of the township clerk and two inspectors. 
Women are eligible to hold the office ( 2382). 
The organization of the board must be effected within 
twenty days after the first Monday in April. The 
oRGANi- township clerk is the clerk of the board, and the 

ZATION. "^ ' 

board shall elect one of their number chairman. 
The chairman is also the treasurer of the board (4693) and as 
such is the proper custodian of the township library money 
(30 Mich. 100). 

The treasurer is required to give a bond for the safe keep- 
TREAsuRER's ^^S ^f the mouycs that may come into his hands. 

BOND. 

POWERS AND DUTIES.* 

The chairman of the board of inspectors is required (4808 
to 4819): 

First, To have general supervisory charge of the schools 
SUPERVISORY of his township, subject to such advice and direc- 
CHARGE. iiQj^ as the county commissioner may give. 

Second, To make such reports of his official labors and of 
„^^E tti® condition of the schools as the superintend- 

RE PORTS. ent of public instruction may direct or commis- 
sioner request. 

The law relative to the powers and duties of school inspect- 
ors has undergone many changes and, in the older portions 
of the state, there seems to be little left for them to do. 

*NOTE.— City and township school districts which have been incorpo- 
rated as such by special enactment, have various provisions defining the 
powers and duties, election and term of office of school inspector. In 
some of these, as in Act No. 176, Laws of 1891, the duties of the inspectors 
are performed by another set of officers. 



OP MICHIGAN. 23 

The most important of these duties and one which gener- 
ally falls to the clerk, is the preparation, on the 
TA*NT DUTY?" ^^^^^ Mondaj in September, of the triplicate an- 
nual report of the schools of the township to the 
superintendent of public instruction. Blanks for this pur- 
pose are prepared at the department of public instruction. 
One of these reports is filed with the township clerk, another 
with the county clerk, and the third is sent to the depart- 
ment office at Lansing. 
Before making these reports it is the duty of the board to 
ascertain if the schools have been taught by 
ACCOUNT.*" legally qualified teachers. The report must 
contain a full financial account of all moneys 
received and disbursed (4696). 

The number of meetings of the inspector at the expense of 
NUMBER OF ^^^ towushlp shall not exceed eight in any one 
MEETINGS. year (4697). 

The authority of the inspectors to form new districts (4646) 
is discussed in another part of this book. 

Township Clerh, 

The township clerk is an important official in the manage- 
ment of educational matters in his township. 

POWERS AND DUTIES. 

We mention briefly some of his chief duties as follows: 

1. To act as clerk of the board of school inspectors, attend 
CLERK BOARD all mcctlngs, and keep a record of their pro- 
llicTORs. "^" ceedings. 

2. To receive all reports to inspectors from school direct- 
RECEivE ors, and file such reports in his office. 

REPORTS. 

3. To receive all such communications, blanks, and docu- 

ments as may be transmitted by the superinten- 
RECEivEcoM- dent of pubHc instructiou, aud dlsposc of them 

MUNICATtONS. ^ ' ^ 

as directed by said superintendent (4698 ). 



24 SCHOOL LAW 

4. To transmit to the county clerk, immediately after the 
TRANSMIT organization of the board of inspectors, the 
CHAIRMAN'S name and postoffice address of the chairman of 

ADDRESS. , ^ 

said board. 

5. To cause a map to be prepared showing the boundaries 
PREPARE MAP. of thc school dlstrlcts of the township (4700). 

6. To make and deliver to the supervisor a certified copy 
of all statements on file in his office of money to be raised by 
taxation in the several school districts of his township. 

7. To attend to the apportionment of the school moneys of 
DIRECT ^^^ districts entitled to the same, according to 
APPORTION- the number of pupils in each between the ages 

MENTS. n ,> n 

of five and twenty years. 

8. To act as clerk of township board at meetings called to 
CLERK OF remove school officers (4772). 

TOWNSHIP 
BOARD. 

9. To act in township school districts of the Upper Pen- 
TowNSHip insula, as member and ex officio clerk of the 
soARDOF board of education. His duties in such town- 

CUUCATION. . , ., , . T , . 

ships are quite similar to his duties m other 
townships of the state, and his salary as clerk of the board 
of education is limited to fifty dollars per year (4823) . 



OF MICHIGAN. 25 

OHAPTEE III. 

ORGANIZATION OP SCHOOL DISTRICTS. 

Primary Schools. 

The original !;'and fundamental school organization in 
Michigan is the district, which is established by authority 
of the township board of school inspectors. After a town- 
ship has been organized, its territory shall be divided into 
school districts which may be altered from time to time in 
the discretion of the inspectors. (Amended by Act No. 37, 
Public Acts of 1901.) 

The statute directs that the territory of each district must 

be in as compact form as may be (4646). It is not 

FORM essential that the territory of the maximum 

AND SIZE. "^ 

school district shall contain exactly nine full 
sections of land, but it must not contain more than 5,760 
acres (75 Mich. 143). 

After an organization has been effected by the inspectors, 
NOTICE OF ^ti is the duty of the clerk to deliver to a taxable 
FIRST MEET- inhabitant of the district a notice in writing: of 

the formation of such district, describing its 
boundaries and specifying the time and place of the first 
meeting, which notice, with the fact of such delivery, is 
entered upon record by the clerk. The notice also directs 
such inhabitant to notify every qualified voter of such 
district, either personally or by leaving a written notice at 
his place of residence, of the time and place of said meeting, 
at least five days before the time appointed therefor; and it 
is the duty of such inhabitant to notify the qualified voters 
of said district accordingly; and said, inhabitant, when he 
has notified the qualified voters, indorses thereon a return, 
showing such notification with the date or dates thereof, 
and delivers such notice and return to the chairman of the 



26 SCHOOL LAW 

meeting, to be by him delivered to the director chosen at 
such meeting, and by said director recorded at length as a 
part of the records of the district (4647). 

A school district created by special legislative enactment 
SPECIAL cannot be dissolved or changed by the school 

ENAcrilli'T. inspectors (17 Mich. 223). 

In case the inhabitants of the district fail to organize as 

above indicated, the clerk shall give a new 

FAILURE TO notlcc and the residents of the district shall pro- 

ORGANIZE. , . , p ^ . 

ceed m the same manner as in case of first notice 
(4648). 
Fractional districts are districts formed from territory 

taken from two or more adjoining townships. 
FRACTIONAL Such dlstrlcts are formed by ioint action of the 

DISTRICTS. "^ '' 

township boards of inspectors of tiie townships 
interested. They are organized in the same manner as 
other primary school districts, and the ofificers report to the 
clerk of the township in which the school house is situated. 
The inspectors assign a number to each school district thus 
established (4649). 

Any unorganized territory cannot be included in a school 
UNORGANIZED ^istrlct aud taxed for school purposes (45 Mich. 
TERRITORY. 559), uulcss at the request of the owner (4655). 

The proceedings in the organization of school districts are 
many times informal and irregular. The statute 
ORGANIZED aud courts have wisely declared that, however 
DISTRICTS. awkward and improper may have been such pro- 
ceedings, a school district is deemed duly organized when 
any two of the officers elected at the first meeting have filed 
their acceptances in writing with the director, and the 
same have been recorded in the minutes of such first meet- 
ing. Every school district is presumed to be legally organ- 
ized when it has exercised the franchises and privileges of a 
district for the term of two years; and such school district 
and its officers shall be entitled to all the rights, privileges, 



OP MICHIGAN. 2f7 

and immunities, and be subject to all the duties and liabili- 
ties conferred upon school districts by law (4650: 81 Mich. 
339). 

A district organized under the laws of Michigan has a 
corporate existence and possesses the usual powers of a cor- 
poration for public purposes (4652). 

CHANGES IN THE BOUNDARIES OF PRIMARY SCHOOL 

DISTRICTS. 

These are effected by the inspectors, under certain regu- 
lations and restrictions. After a district has exercised its 
corporate functions for several years, its boundaries should 
not be altered for trivial reasons. The official acts of 
inspectors in the change of district boundaries are therefore 
quite carefully guarded by the statutes. 

Whenever the board of school inspectors contemplates an 
alteration of the boundaries of a district, the township clerk 
(and for meetings of boards to act in relation to 
MEETING.'' fractional districts, clerks of the several town- 
ships interested) gives at least ten days' notice 
of the time and place of the meeting of the inspectors, and 
of the alterations proposed, by posting such notice in three 
public places in the township or townships, one of which 
notices is posted in each of the districts that maybe affected 
by such alteration. Whenever the board of school inspect- 
ors of more than one township meet, they elect one of their 
number chairman and another clerk (4653). 
The inspectors may, in their discretion, detach the prop- 

TRANSFER OF ^^^^ ^^ ^^^ pcrsou Or persons from one district 
TERRITORY OF aud attach it to another, except that no land 
TAXPAYERS. ^-jryiQ^ j^as bceu taxed for building a school 
house can be set off into another school district for the 
period of three years thereafter, without the consent of the 
ov/ner thereof; and no district can be divided into two or 
more districts without the consent of a majority of the resi- 



28 SCHOOL LAW 

dent taxpayers of said district; and no two or more districts 

can be consolidated without the consent of a majority of the 

resident taxpayers of each district (4654). 

The inspectors have the right to detach such territory as 

they see fit (except as stated above), unless such 

CONSENT OF actlou would practically destroy the district (67 

Mich. 601); but they have no authority to divide 

up the district and destroy it without the consent of a 

majority of the resident taxpayers; nor can they destroy it 

by cutting it up into pieces, and attaching all the territory 

to other districts without such consent (71 Mich. 87). 

The inspectors may attach to a school district any person 

residing in a township and not in any organized 

INDIVIDUALS district, at his request; and, for all district pur- 

SET OFF. ' . ^ ' -.,.,-,. ,1 

poses, except raising a tax for building a school 
house, such person is considered as residing in such district; 
but when set off to a new district, no sum is raised for such 
person as his proportion of the district property (4655). 
In all cases where an alteration of the boundaries of a 
school district is made, the township clerk is re- 
NOTicE OF quired within ten days to deliver to the director 

ALTERATION. ^ '' 

of each district affected by the alteration, a no- 
tice in writing, setting forth the action of the inspectors and 
defining the alterations that have been made (4656). 

When a new district is formed in whole or in part, from 
one or more districts possessed of a school house or entitled 
to other property, the inspectors, at the time of forming such 
new district or as soon thereafter as may be, ascertain and 
determine the amount justly due to such new district from 
any district out of which it may have been in whole or in 
part formed, as the proportion of such new district, of the 
value of the school house and other property belonging to 
the former district at the time of such division; and when- 
ever, by the division of any district, the school house or 
site thereof is no longer conveniently located for school 



OF MICHIGAN. 29 

purposes and is not desired for use by the new district in 
which it may be situated, the school inspectors of the town- 
ship in which such school house and site is 
DIVISION OF located, may advertise and sell the same and 

PROPERTY. ' '' 

apportion the proceeds of such sale, as also any 
moneys belonging to the district thus divided, among the 
several districts erected in whole or in part from the divided 
district. 

Such proportion is ascertained and determined according 
to the value of the taxable property of the respective parts 
of such former district at the time of the division, by the 

best evidence in the power of the inspectors; and 
DEBTS FOR- such amouut of any debt due from the former 

MERLY DUE. '^ 

district which would have been a charge upon 
the new had it remained in the former district, is deducted 
from such proportion: Provided, That no real estate thus 
set off, which has not been taxed for the purchase or build- 
ing of such school house, shall be entitled to any portion 
thereof, nor be taken into account in such division of dis- 
trict property. 

Graded Schools. 

The term graded school as used in the laws of the State is 
sometimes confused with those schools which have, by 
authority of the school board and teacher, adopted a graded 
course of study according to the manual and course of study 
published by the superintendent of public instruction. In 
using the term we refer exclusively to districts organized 
under the law for graded schools. All such schools are first 
organized as primary districts, and all graded 
"ow schools, whether created under special acts or 

CLASSIFIED. ' ^ 

organized under general laws, are subject to the 
general primary school law, except in so far as the acts cre- 
ating them or under which they are organized, are incon- 
sistent with it (18 Mich. 400). 



30 SCHOOL LAW 

Any school district containing more than one hundred 

BCR OF children of school age may organize as a graded 

CHILDREN. district. 

The vote may be taken at any school meeting properly 

called, and a two-thirds vote of the qualified 

"°*^ voters is required (4746). The district voting to 

ORGANIZED. -a ^ / a 

organize as a graded district, elects at such 
meeting a board of trustees, and the time from the date of 
the meeting to the date of the next annual school meeting is 
reckoned as one year. 

ALTERATION IN BOUNDARIES OF GRADED DISTRICT. 

The authority to make changes in the boundaries of graded 
districts is given to the board of inspectors, with the follow- 
ing limitations: 
No alteration can be made in the boundaries of any graded 
school district, without the consent of a majority 
CHANGED. ^^ ^^^ trustees of said district, which consent 
must be spread upon the records of the district 
and placed on file in the ofiice of the clerk of the board of 
school inspectors of the township or city to which the re- 
ports of said district are made (97 Mich. 127). Graded school 
districts are not restricted to nine sections of land (4749).* 
Whenever two or more contiguous districts having to- 
gether more than one hundred children of school 

CONSOLIDA- 

TioN OF Dis- age, have published in the notices of the annual 
*^^^' meetings of each district the intention to take 



*NoTE.— Section 4749 was amended by the legislature of 1899 by add- 
ing a proviso: That any three or more tax paying electors having chil- 
dren between the ages of five and twelve years, residing one and one- 
half miles or more from a school house in such district, feeling ag- 
grieved by any action of the board of trustees with reference to the 
alteration of a school district, affecting their interests, may within 
sixty days from the time of such action appeal to the judge of probate 
of the county in which such school house is situated Said appellants 
shall file a bond with said judge of probate, in the penal sum of two hun- 
dred doUars, indemnifying said school district of any and all costs made 
on such appeal in case the appellants shall not prevail therein. Where- 
upon said judge of probate shall be empowered to entertain such ap- 
peal, and review, confirm or set aside or amend the action. (Act 258, 
1899.) 



OF MICHIGAN. 31 

such action and have, by a vote of two-thirds of the qualified 
voters attending the annual meetings in said districts, deter- 
mined to unite for the purpose of establishing a graded school 
district, the school inspectors of the township or townships 
in which such districts may be situated are required, on be- 
ing properly notified of such vote, to unite such districts and 
to appoint a time and place for a meeting of the new district. 
Three notices of the same must be posted in each of the dis- 
tricts so united at least five d^^ys before the time of such 
meeting. At this meeting the district elects a board of trus- 
tees and transacts the usual business of an annual school 
meeting (4750). 

Whenever the trustees of any organized graded school 
CHANGE district are presented, twenty days before the 

FROM GRADED auuual meeting, with a petition signed by ten 

I O PR I RAM WY 

DISTRICT. electors of said district, stating that it is their 
desire that, at the annual meeting of the school district, 
there be submitted a proposition to change from a graded 
district to one or more primary districts, the trustees shall, 
in their notice of such annual meeting, state that the propo- 
sition set forth in said petition will be presented at the 
meeting; and, if two-thirds of the qualified voters present at 
said meeting vote to change to one or more primary dis- 
tricts, the change shall be made, and it becomes the duty of 
the board of school inspectors of the township or townships 
in which the district is situated, upon being duly notified of 
such vote, to change or divide the district as determined by 
such annual meeting, and to provide for the holding of the 
first meeting in each of the proposed primary districts in the 
same manner as is provided for by law for the organization 
of primary districts ; and whenever a fractional graded 
school district is so changed, the township boards of school 
inspectors of the respective townships where such graded 
school district is situated, organize the district into one or 
more primary districts (4751). 



32 SCHOOL LAW 

^Township Districts. 

Michigan has townships organized as school districts, and 
every legislature, by the passage of special acts, adds others 
to the number. As the student will readily observe, the 
township district can not be organized under either of the 
laws for the primary or graded districts. 

The majority of the township districts of the state are in 

the Upper Peninsula and are authorized by the provision of 

Actt 176, Public Acts of 1891. By this law the qualified 

voters of a township petition the township board 

"°^ to give notice of a special meeting of the town- 

ORGANIZED. •= l- to 

ship board and school inspectors to be held with- 
in five days. J It is necessary that the petition be signed by 
a majority of the voters of the township, and be filed with 
the township clerk at least fifteen days prior to the first day 
of July. To ascertain whether a majority of the qualified 
voters have signed the petition, the township board is re- 
quired to compare the names on the petition with the names 
on the list of registered voters qualified to vote at the pre- 
ceding election. If the board finds that a majority of the 
qualified voters have signed the petition, it is its duty to 
give notice that, on the second Monday of July, the town- 
ship school officers shall be chosen. The township board 
makes and files, both with the county clerk and the commis- 
sioner of schools of 'the county in which such township is 
located, a certified copy of the petition with their findings 
and doings thereon (93 Mich. 281). Thereupon such 
township becomes a single school district which is sub- 
ject to all the general laws of the state, so far as 
the same may be applicable, and said district has all the 
powers and privileges conferred upon other school districts 
by the laws of this state, all the general provisions of which 
relating to common or primary schools shall apply and be 

*NOTB— Read carefully Act 154, 1903. 

tNoTE— This act has been declared constitutional by the supreme 
court. 93 Mich. 280. 
JNoTE— See decision of supreme court. 98 Mich. 441. 



OF MICHIGAN. 33 

enforced in said district, except such as shall be inconsistent 
with the provisions of this act (4823 to 4838). 

DISTRICT MEETINGS. 

The first Monday of September is the date fixed by law for 
IN PRIMARY ^^® annual meeting of primary and graded 
AND GRADED school dlstrlcts. The voters of a district may, 
however, by a vote of any properly called meet- 
ing, decide to fix the date of its annual meeting on the 
second Monday of July. They are also authorized to change 
back to the September date in a similar manner. The 
ofBcers chosen at an annual meeting, date their terms of 
office from the date of election and continue in office until 
their successors are elected and qualified (4659). 

In township districts the annual meeting is held on the 
second Monday of July of each year. Act 154, 

IN TOWNSHIP -iQAo 
DISTRICTS. loUO. 

At this meeting the township school officers are chosen, 
the amount of money to be raised by tax for 
BE TRANS- school purposes Is determined, and the annual 
*^"^^°' detailed report of the board of education is pub- 

licly read by the president of the board or, in his absence, by 
the clerk. 

Districts in cities organized by special legislative enact- 
iN DISTRICTS ment hold annual meetings on the date specified 

UNDER . ° 

SPECIAL ACT. in the act. 
The time of taking the annual school census by the director 

and school officers is the same in all districts of 
CENSUS. til® state, being the fifteen days previous to the 

first Monday in September. And by act passed by 
the legislature of 1897 census enumerators are required, in 
addition to what was formerly required, to give the names^ 
residences, street and numbers of the parents or guardians 
of children whose names appear in the census. In primary 
school districts the residences of the children must also be 
mentioned. The same act also provides a penalty of a fine 

3 



34 SCHOOL LAW 

and imprisonment on parents convicted of giving false in- 
formation to census enumerator (4687). The same penalty- 
may be inflicted on the enumerator for making a false re- 
port. 
Special meetings may be called by the district board. It 
is the duty of the board or any one of them, to 
SPECIAL call such meetings on the written request of not 

MEETINGS. , , ^ , , n ,•%..., -I 

less than five legal voters of the district, by giv- 
ing the required notice. No special meeting can legally be 
called, unless the business to be transacted may lawfully 
come before such meeting (4660). 

NOTICES. 

Six days' notice of all district meetings must be given by 
FOR DISTRICT ^^^ postlug of wrltteu notices in three of the 
MEETINGS. most public places of the district. These notices 
are prepared by the director, and one copy is placed on the 
outer door of the school house (4661). 

When a special meeting is called for the purpose of estab- 
FOR SPECIAL lishing or changing a school site, a ten days' 
MEETINGS. notice is required. 

It is the duty of any school officer, upon receiving a re- 
quest signed by five legal voters, to call such 

WHEN GIVEN. ^ . ° ^ , . ' , ^ 

meeting on a date between six and twelve days 
from the time such request is received. 
All notices of special meetings must contain a statement 
of all the business which is proposed to be trans- 

CONTENTS. ,^^,r.v 

acted at such meeting (5048). 
Failure on the part of a director to give notice of an annual 
FAILURE TO meeting, does not invalidate the proceedings of 
GIVE NOTICE tihe meeting, unless it appears that the director 

OF ANNUAL *' ^ ^ 

MEETING. wilfully and fraudulently omitted to give notice. 
No notices of district meetings in township districts are re- 
quired, as the only meeting provided in the act 
IN TOWNSHIP i3 lY^Q annual township meeting held on the 

DISTRICTS. 

second Monday of July. Act 154, 1903. 



OF MICHIGAN. 35 



CHAPTEE IV. 
POWERS OF VOTERS AT DISTRICT MEETINGS. 

By the school laws of the state certain powers and duties 
are delegated to the voters of the district, certain other 
powers and duties are given wholly to the district officers, 
while still other powers and duties are given to the district 
officers with the consent of a majority of the qualified voters. 
School officers and patrons of schools would save themselves 
much controversy and litigation, if each would carefully 
study and correctly determine where the authority rests and, 
having thus informed himself, carefully avoid assuming re- 
sponsibility which belongs to others. In this book we shall 
attempt to arrange these powers and duties in such an order 
that they may be better understood by those who are en- 
trusted with their enforcement. 

Primary Districts. 

The qualified voters in any school district, when lawfully 
assembled at the first and at each annual meeting or at an 
adjournment thereof or at any special meeting lawfully 
called, except as otherwise provided, have power (4659): 

1. At any meeting after the organization of the district, 

in the absence of the moderator, to appoint a 

APPOINT chairman and, in the absence of the director, to 

CHAIRMAN* 

appoint a person to act in his stead. 

2. To adjourn from time to time as occasion 

ADJOURN. 

may require. 
ELECT 3. To elect district officers. 

OFFICERS. 



36 SCHOOL LAW 

4. To designate a site or such nUmber of sites 
LOCATE SITES, as may be desired for school houses, and to 
change or enlarge the same when necessary. 
See Act 182, 1903. 

5. To direct the purchasing or leasing of a site or sites, 

lawfully determined upon; also the building, hir- 
DiRECT PUR- ing or purchasing of a school house or houses, or 
si^TEsrETc!" the enlarging of a site or sites previously estab- 
lished. 

6. To vote such tax as the meeting may deem sufficient 

for purchasing or leasing a site or sites, or for 
TAX FOR SITES buildiug, hlrlug or purchasing a school house or 
puRPosEsI"^*^ houses; but the amount of taxes to be raised in 

any district for the purpose of purchasing or 
building a school house or houses in the same year that any 
bonded indebtedness is incurred, shall not exceed, in dis- 
tricts containing less than ten children between the ages of 
five and twenty years, two hundred and fifty dollars; in dis- 
tricts having between ten and thirty children of like age, it 
shall not exceed five hundred dollars; and in districts having 
between thirty and fifty children of like age, it shall not ex- 
ceed one thousand dollars. (See also Chap. X.) 
*7. To impose such tax as shall be necessary to keep their 

school house or houses in repair, and to provide 
PAiRs^oR^NEc- t^6 necessary appendages and school apparatus; 
EssARY AP- ij2 districts having district libraries, to provide 

PENDAGES. ® , 

for the support of the same, and to pay and dis- 
charge any debts or liabilities of the district lawfully in- 
curred, and also to pay for the services of any district officer. 
The tax herein authorized to be voted shall not exceed one- 
half the amount which the district is authorized to raise for 
building school houses. (See also Chap. X.) 
8. To authorize and direct the sale of any school house, 
site, building or other property belonging to the 
•cHooL district, when the same shall no longer be needed 
PROPERTY. f^^ ^^Q ^33 Qf ^^Q district. 

*See note next page. 



OF MICHIGAN. 37 

9. To give such directions and make such provisions as 

they shall deem necessary in relation to the pros- 
AG/uNST ecution or defense of any suit or proceeding in 

DISTRICT. which the district may be a party or interested. 

10. To appoint, as in their discretion it may be necessary, 

a building committee to perform such duties in 
BUILDING supervising" the work of building a school house 

COMMITTEE. i- o <=> 

as they, by vote, may direct. 

11. At the first and the annual meetings only, to deter- 

mine the length of time a school shall be taught 
LENGTH OF ^jj thclr dlstrlct during the ensuing year, which 

SCHOOL YEAR. , „ , , , *= . ,.-,.,.. 

shall not be less than nine months m districts 
having eight hundred children over five and under twenty 
years of age, and not less than five months in all other dis- 
tricts, on pain of forfeiture of their share of the primary 
school interest fund (Act 15, 1895). But in case such matters 
shall not be determined at the first or annual meetings, the 
district board shall determine the same; and in case the dis- 
trict fails to vote for at least the minimum length required 
herein, the district board shall make provisions for said min- 
imum length of school. 
*12. To appropriate any surplus moneys arising from the 

one mill tax (after having maintained a school 
SURPLUS OF j[j3 the district at least eight months in the school 

ONE-MILL TAX. ^ „ , „ i • -, i 

year), for the purpose of purchasing and enlarg- 
ing school sites, or for building or repairing school houses, 
or for purchasing library books, globes, maps and other 
school apparatus, or for any incidental expenses of the school 
(4665). 
13. By a two-thirds vote of the qualified electors present 
at any annual meeting or a special meeting called 
BORROW for that purpose, to borrow money and issue 

MONEY. J. J. I " 

bonds to pay for a schoolhouse site or sites, and 
to erect and furnish school building (4707). 



*Act 10, 1903, gives voters power to appropriate money from the one 
mill tax for the purpose of transporting pupils to and from school, and to 
vote a tax for the same purpose. 



38 SCHOOL LAW 

14. To decide by a two- thirds vote of tlie tax-paying voters 
TRANSFER TO of the district, to use money for some purpose 
PuND."^" other than that for which it was raised (4676). 

15. To designate by a two-thirds vote of those present, 

such number of sites as may be desired for school 

SCHOOL SITES. j^Q^ggg (5114). 

16. By a two-thirds vote, to establish a district library 

ESTABLISH (4756). 

LIBRARY. 

17. To vote to furnish free text-books to all the pupils of 
FURNISH the district (4775). 

TEXT-BOOKS. 

18. To vote to close school house against public meetings 

CLOSE SCHOOL (4678). 



HOUSE. 



Qualified Voters at District Meetings, 



The qualification of voters at school meetings is limited to 
citizens of the United States, and of the state, township and 
school district in which such citizens offer to vote. The 
legal qualification of voters at school meetings is a subject 
of much discussion and controversy, and we give below care- 
fully prepared statements of the necessary qualifications: 

1. On all questions which do not directly involve the rais- 
QUESTioNs i^g" of money by a tax, all citizens, male or 
NOT iNvoLv- female, who have resided in the district the three 

ING RAISING ' -. _ - , . , 

OF MONEY. months next preceding the school meeting, who 
are twenty-one years of age and are parents or legal guard- 
ians of children included in the school census, may vote 
(4662). 

2. All citizens, male or female, who are twenty-one years 

of age and are the owners of property assessed 

PROPE RTY 

QUALiFicA- foi* school taxes, may vote on all questions at dis- 
"'''°'*' trict meetings. 

3. In township districts and in several cities organized by 

special legislative enactment, the right to vote 

WOMEN 1 c-> / c? 

BARRED FROM Is givcu Only to those who are qualified voters 
VOTING. jqj. township and city officers. The legal voters 



OP MICHIGAN. 39 

for school officers at such district meetings, therefore, are 
only those who have the right to vote the entire township 
or city ticket (Act 176, 1891; 59 Mich. 165; 76 Mich. 1). Act 
No. 138, Public Acts of 1893, giving women the right to vote 
m all school, city and village elections, was declared uncon- 
stitutional by our supreme court. 

GRADED DISTRICTS. 

The pOAvers and duties of voters in graded school districts 
are the same as those in primary districts, so far at such 
powers and duties are consistent with the law for the organ- 
ization of graded districts. The following is taken from the 
first section of the act: 

Any school district containing more than one hundred 
children between the ages of five and twenty years may, by 
a two-thirds vote of the qualified electors present at any 
annual or special meeting, organize as a graded school 
district: Provided, That the intention to take such vote shall 
be expressed in the notice of such annual or special meeting. 
When such change in the organization of the 
trust'ees?"^ district shall have been voted, the voters at such 
annual or special meeting shall proceed immedi- 
ately to elect by ballot from the qualified voters of the dis- 
trict, one trustee for the term of one year, two for the term 
of two years, and two for a term of three years, and annually 
thereafter a successor or successors to the trustee or trustees 
whose terms of office shall expire (5132). 

TOWNSHIP DISTRICTS. 

These are subject to all the general laws of the state, so 
far as the same may be applicable, and the voters have all 
the powers and privileges conferred upon graded school 
districts (1823). Read Act 154, Laws of 1903. 



40 SCHOOL LAW 

Challenging of Voters. 

When a person who is supposed to be unqualified to vote 
on any question which shall come before the 
CHALLENGED, ^oters of a district meeting, offers to vote, his 
vote may be challenged by any legal voter pres- 
ent; and it is the duty of the chairman to require such 
person to take his oath that he is legally qualified. If such 
person refuses to take the oath, his vote is rejected. A 
person who takes a false oath, is deemed guilty of pre jury 
and may be tried and punished according to the law for 
such an offense. 
When any question is taken in any other manner than by 
ballot, a challenge immediately after the vote 

WHEN NOT ' I, , T 

VOTING BY has been taken shall be deemed to be made 
^*'"'"°^' when offering to vote, and treated in the same 

manner (4664). 

Disorderly Conduct. 

If, at any district meeting, any person conduct himself in 

a disorderly manner and, after notice from the 
OF OFFENDER, modcrator or person presiding, persists therein, 

the moderator or person presiding may order 

him to withdraw from the meeting and, on his refusal, may 

order any constable or other persons to take him into custody 

until the meeting shall be adjourned. 

Any pei^son who refuses to withdraw from such meeting on 

being so ordered, and also any person who wil- 
w"hdraw° fully disturbs such meeting by rude and indecent 

behavior, or by profane or indecent discourse, 
or in any other way makes a disturbance, shall, on convic- 
tion thereof, be punished by a fine not less than two nor 
more than fifty dollars, or by imprisonment in the county 
jail not exceeding thirty days; and any justice of the peace, 
recorder, or police justice of the township, ward, or city 
where such offense is committed, shall have jurisdiction to 
try and determine the same (4665). 



OF MICHIGAN. 41 



CHAPTEE y. 
SCHOOL OFFICERS. 

In Primary Districts. 

At the first meeting in each newly organized school district 
there is elected a moderator for a term of three years, a 
director for a term of two years, and a treasurer for a term 
of one year. By arranging in this way, the term of office of 
one expires each year and the length of each term is three 
years (4666). 

All school oflacers must be chosen by ballot -to be legally 
elected. This provision is mandatory and must 
HOW ELECTED, bc obscrvcd (75 Mich. 143). All ballots cast 
under statutory requirements are formal and 
final. There can be no such thing as an informal ballot. 
If on a first ballot a person receives a majority of all the 
votes cast, there is an election and the vote cannot be repeat- 
ed (78 Mich. 635). Officers who were chosen unanimously 
{viva voce) at a regularly called meeting, and who have quali- 
fied and are acting, are officers de facto and the public 
interest demands that they shall not be disturbed (75 Mich. 
143). 

School officers cannot be elected by a bare plurality vote. 

In electing officers the district acts in its cor- 

VOTE DOES porate capacity, and no corporate action can be 

NOT ELECT. j^^^ wlthout thc concurrcnce of the majority 

(Atty. Gen., July 18, 1877). 

The moderator, director, and treasurer shall constitute the 

district board. Meetings of the board may be 

" Busmlssl* called by any member thereof, by serving on the 

other members a written notice of the time and 



42 SCHOOL LAW 

place of such meeting at least twenty-four hours before such 
meeting is to take place; and no act authorized to be done by 
the district board is valid, unless voted at a meeting of the 
board. A majority of the members of the board at a meet- 
ing is necessary for the transaction of business (4671). 

ELIGIBILITY TO DISTRICT OFFICES. 

Any qualified voter in a school district whose name appears 
upon the assessment roll, and is the owner in his own right 
of the property so assessed, shall be eligible to election or 
appointment to office in such school district, unless such 
person be an alien. Act 21, 1903, requires affidavit that 
name of officer elect appears on assessment roll. 

ACCEPTANCES. 

Within ten days after their election or appointment, the 
several officers of each school district shall file with the di- 
rector written acceptances of the offices to which they have 
been respectively elected or appointed, and such acceptances 
are entered in the records of the district by said director (4670, 
4737). In township districts the officers file acceptances 
within five days after being notified, and such notification is 
made within five days after election or appointment. 

VACANCIES. 

A district office may become vacant by: 

1. Death of the incumbent. 

2. Resignation. 

3. Removal from office. 

4. Removal from the district. 

5. Conviction of any infamous crime. 

6. Election or appointment being declared void by a com- 
petent tribunal. 

7. Neglect to file acceptance of office, or to give or renew 
any official bond as required by law. 

8. Ceasing to be a taxpayer in the district (Act 21, 1903). 



OF MICHIGAN. 43 

Temporary absence of an officer does not create a vacancy 
in the office. If his family continues to reside 
ABSENc^"^ in the district, he retains his residence. (Atty. 
Gen., Feb. 8, 1882.) 

FILLING OF VACANCIES. 

In case any one of the district offices becomes vacant, the 
two remaininer officers shall immediately fill 

BY THE RE- *= , j. , zv, i 

MAiNiNG such vacancy, or m case two of the offices be- 

oFFicERs. come vacant, the remaining- officer shall imme- 
diately call a special meeting of the district to fill such 
vacancies. 
In case any vacancy is not filled as herein provided within 
twenty days after it shall have occurred, or in 

BY BOARD OF J o -, . . , , i / 

SCHOOL IN- case all the offices in a district shall become 
spECTORs. vacant, the board of school inspectors of the 
township to which the annual reports of such district are 
made shall fill such vacancies. 
Any person elected or appointed to fill a vacancy in a 
district office shall hold such office until the 
''''"1?J.^J?'"°' next succeeding- annual meeting, at which time 

ING OFFICE. ° °' 

the voters of the district shall fill such office for 
the unexpired portion of the term (4668). 

In graded districts the trustees have power to fill any va- 
VACANCY IN cancy that may occur in their number, until the 
grade^d"dis°'* ^^^* annual meeting (4747). The same is true in 
TRicTs. case of a vacancy on the township board of edu- 

cation (4827). 

POWERS AND DUTIES OF DISTRICT BOARD. 

It is impossible to enumerate in detail all of the many 
duties which the officers of a district are called upon to 
perform. Below is given a summary of their most impor- 
tant duties, followed farther on by a similar summary of the 
powers and duties of each individual school officer: 



44 SCHOOL LAW 

1. To purchase a record book and such other books, 

blanks, and stationery as may be necessary to 

RECORD BOOKS «/ « v 

AND STATION- keep a record of the proceedings of the district 
^"^^ meetings and of meetings of the board, the 

accounts of the assessor, and for doing the business of the 
district in an orderly manner (4672, 24 Mich. 353). 

2. To purchase or lease, in the corporate name of the 

district, such sites for school houses as have 
SCHOOL SITES, been lawfully designated; to build, hire or pur- 
chase such school houses as may be necessary, 
out of the fund provided for that purpose; and to make sale 
of any site or other property of the district, when lawfully 
directed by the qualified voters (4673). 

3. To estimate the amount necessary to be raised, in 

addition to other school funds, for the entire 
BE RA?s?D^° support of such schools, including teachers' 

wages, fuel and other incidental expenses, and 
for deficiencies of the previous year for such purposes. In 
districts having less than thirty scholars, such estimate, 
including the district's share of the primary school interest 
fund and one-mill tax, must not exceed the sum of fifty dol- 
lars a month for the period during which school is held in 
such district; and when such amount has been estimated 
and voted by the district board, it is reported for assess- 
ment and collection, the same as other district taxes. 
When a tax has been estimated and voted by the district 

board under the provisions of this section, and 
MONEYr°^ is needed before it can be collected, the district 

board may borrow to an amount not exceeding 
the amount of said tax (4674). 

4. Between the first and third Mondays in September in 
ANNUAL RE- each year, to make out and deliver to the town- 
TowNSHip ^^^P clerk of each township in which any part of 
CLERK. the district is situated, a report in writing of 
all taxes voted by the district during the preceding year. 



OF MICHIGAN. 45 

and of all taxes which said board is authorized to impose, 
to be levied on the taxable property of the district (4675). 

5. To apply and pay over all school moneys belonging to 
SCHOOL ^^^ district, in accordance with the provisions 
FUNDS. of law regulating the same. 

6. To present to the district at each annual meeting, a 

report in writing containing an accurate state- 

ANNUAL RE- ^ -.-,.. . -, ■, 

PORT TO Dis- ment of all moneys of the district received by 
TRicTs. them during the preceding year, and of the 

disbursements made by them, with the items of such re- 
ceipts and disbursements, such report to contain a statement 
of all taxes assessed upon the taxable property of the dis- 
trict during the preceding year, the purposes for which such 
taxes were assessed, and the amount assessed for each 
particular purpose. Said report is entered by the director 
in the records of the district (4677). 

7. To hire and contract with such duly qualified teachers 

as may be required, all contracts to be in writ- 

CONTRACT "^ -a > 

WITH TEACH- lug aud slgued by a majority of the board on 
^"®* behalf of the district. A teacher's contract can 

not be made with a member of the board (Act 62, 1901). 
(4678). 

8. To have the care and custody of the school house and 

other property of the district, except so far as 

CUSTODY OF , r- r- ./ -, . / . ^ / . n 

SCHOOL the same, by vote of the district, be specially 

PROPERTY. confided to the custody of the director, includ- 
ing all books purchased for the use of indigent pupils;* to 
open the school house for public meetings, unless by a vote 
at a district meeting it shall be determined otherwise: Pro- 
vided, That said board may exclude such public meetings 
during the five school days of each week of any and all 
school terms, or such part thereof as in their discretion they 
may deem for the best interest of the schools (4679). 

9. To specify the studies to be pursued in the schools of 
the district (4680). 

*NOTE— And provide a water supply. Act 146, 1901. 



46 SCHOOL LAW 

10. On making a selection of text-books, to keep a record 

thereof in their proceedings; and text-books 
TEXT-BOOKS once adopted shall not be changed within five 
ADOPTED. years, except by the consent of a majority of the 
qualified voters of the district present at an annual meeting 
or at a special meeting called for that purpose. 

11. To require each teacher in the public schools of such 

district, before placing the school register in 

INSTRUCTION ' , ■, n . ^ . ■> i 

IN PHYSIOLOGY thc hands of the director, to certify therein 
AND HYGIENE, ^yj^gj^j^gj. qj. jjq^ rGquircd instruction in physiol- 
ogy and hygiene has been given in the school or grade 
presided over by such teacher; and it is the duty of the 
director of the district to file with the township clerk a 
certified copy of such certificate. Any school board neglect- 
ing or refusing to comply with this requirement is subject 
to a fine or forfeiture, the same as for neglect of any other 
duty pertaining to the office. This applies to all schools in 
the state, including schools in cities or villages, whether in- 
corporated under special charter or under the general laws 
(4680). 

12. To purchase at the expense of the district, such text- 

books as may be necessary for the use of chil- 
text-"boVks. dren when parents are not able to furnish the 

same, and to include the amount of such pur- 
chase in the report to the township clerk or clerks, to be 
levied in like manner as other district taxes (4681). 

13. To have the general care of the school, and to make 

and enforce suitable rules and regulations for 
SUSPENSION^" its government and management, and for the 

preservation of the property of the district. 
Said board may authorize or order the suspension or expul- 
sion from the school of any pupil guilty of gross misde- 
meanor or persistent disobedience, whenever, in its judg- 
ment, the interests of the school demand it (4682). (See 
also Chap. X.) 



OF MICHIGAN. 47 

14. To admit to the district school non-resident pupils, in 

its discretion, and to determine the rates oi 
DENT^pupTLs ^uition of such pupils and collect the same, 

which tuition shall not be greater than fifteen 
per cent more than the average cost per capita for the num- 
ber of pupils of school age in the district (4684). 

15. To have charge of any library which may have been es- 

tablished in the district (5142). It may also do- 
Li'BRARy^'' nate or sell any library book or books belonging 

to the district, to the board of school inspectors 
of the township or townships in which the district is wholly 
or partly situated (4750). 

16. To purchase text-books for all the pupils of the dis- 
FREE TEXT- trlct, wheu authorized by the voters of the dis- 
BooKs. trict (4775). 

17. To purchase a flag and flag-staff for each school house, 
such flag not to be smaller than four feet two inches by eight 
feet (4802). 

Board of Education of Graded Schools, 

The graded school board is composed of five members 
elected at the annual meeting for a term of three years. At 
the time of the organization into a graded district, one mem- 
ber is elected for a term of one year, two for terms of two 
years, and two for terms of three years (4746). 

As in the case of officers of primary districts, these school 

officers must be elected by ballot and hold office 

HOW ELECTED, uutll their successors are elected and qualified. 

A majority vote is also necessary. The board 

elects from its own number the director, moderator, and 

treasurer for one year.* In case of a failure of the board to 

*NOTE.— Many times ia districts organized, by special enactment 
school officers are known by other titles; as president, secretary and 
treasurer. Unless such special acts plainly prescribe the duties of such 
officers, the duties belonging to the moderator, director, and treasurer 
are performed by the president, secretary, and treasurer, in the order 
named respectively. 



48 SCHOOL LAW 

agree in the appointment of its officers, the school inspectors 
of the township or city are authorized to make the appoint- 
ment (4747). 

POWERS AND DUTIES. 

Besides having the same powers that are possessed by 
school officers of primary school districts, the officers of 
graded districts are authorized: 

1. To classify and grade the pupils attending school in 

such district, and cause them to be taught in 
OF scnlfoL. ^^^^ schools or departments as they may deem 
expedient (4748). 

2. To establish in such district a high school, when or- 

dered by a vote of the district at an annual 
ADMISSION, meeting, and to determine the qualifications for 

admission to such school and the fees to be paid 
for tuition in any branches taught therein: Provided, That 
when the parents or guardians of non-resident pupils pay a 
school tax in said district, the same shall be credited on their 
tuition a sum not to exceed the amount of such tuition, and 
they shall only be required to pay tuition for the difference 
between the amount of the tax and the amount charged for 
tuition (4748). 

3. To audit and order the payment of all accounts of the 

director for incidental or other expenses in- 
JcciuNTsr" curred by him in the discharge of his duties ; 

but no more than fifty dollars may be expended 
by the director in any one year for repairs of the buildings 
or appurtenances of the district property, without the au- 
ority of the board of trustees. 

4. To employ all qualified teachers necessary for the sev- 
coNTRACT ^^^^ schools, to determine the amount of their 
WITH TEACH- compensatiou, and to require the director and 

ERS 

moderator to make contracts with the same on 
behalf of the district, in accordance with the provisions of 
law concerning contracts with teachers. (See Act 62, 1901.) 



OF MICHIGAN. 49 

5. To employ such officers and servants as may be neces- 
EMPLOY s^^y? ^or the management of the schools and 
JANITORS, school property, and to prescribe their duties 

ETC 

and fix their compensation. 

6. To publish, previous to the third Monday of September, 
in one or more newspapers of the district, a full and item- 
ized financial statement of the receipts and expenditures of 
the district during the year just preceding (4800). 

Board of Education of Toiunshir) Districts. 

The board of education of a township district consists of 
five trustees, see Act 154, 1903. Said trustees 
HOW ELECTED. ^^® clectcd by ballot at the annual meeting of 
the district upon a ticket canvassed in the same 
manner as the vote for township officers. Within five days 
after the annual election the township clerk is required to 
give written notice of their election to the persons elected 
trustees, and within five days thereafter said trustees so 
elected shall take and subscribe the oath of office prescribed 
by the constitution of this state, before any officer author- 
ized to administer oaths, and file the same with the town- 
ship clerk (4823). 
The term of office of the trustees of said district com- 
mences on the second Monday following the 
TERM OF annual township election at which they are 

OFFICE. *' 

elected, and continues for three years and until 
their successors are elected and qualified. 

ORGANIZATION. 

The members of the board of education meet on the fourth 
Monday of July of each year and elect from 
PRESIDENT. their number a president, a secretary and a treas- 
urer. The president is entitled to vote in all 
cases. In the absence of the president at any meeting, a 
4 



50 SCHOOL LAW 

majority of the members present may choose one of their 
own number president pro tem (4826). 
The secretary records all proceedings of annual and 

special meetings of the district and of all meet- 
SECRETARY. Ings of the board, files all records, and other 

documents belonging to the district, and per- 
forms other duties usually required of the director in pri- 
mary school districts. 
It is the duty of the treasurer in each district to execute 

and file with the secretary, within ten days 
TREASURER, aftcr Ms election or appointment, a bond in 

the full amount of money to come into his hands 
during his term of office, with two resident sureties, or shall 
furnish a bond of some surety company authorized to do 
business in this state, to be approved by the president and 
secretary of the board. It is the duty of the treasurer to 
receive from the township treasurer, all moneys appropri- 
ated or apportioned for school purposes. He has the keep- 
ing of all school and library moneys, and pays out the same 
upon warrants or orders drawn upon him and signed by the 
secretary and countersigned by the president. He performs 
such other duties as are required of the treasurer in primary 
school districts. 

MEETINGS. 

The regular meetings of the board are held on the fourth 
Monday of March, June, September and Decem- 
REGULAR. in each year. No notice of such meeting is re- 
quired. Any two members is sufficient to ajdourn 
any meeting from time to time until a quorum is present. 
Special meetings of the board may be called at any time 
on the request of the president, or any two mem- 
8PECIAL. bers thereof, in writing, delivered to the secre- 

tary and the secretary upon receiving such 



OF MICHIGAN. 51 

request shall at once notify each member, if within the 
district, of the time of holding- such meeting, which shall be 
at least two days subsequent to the time of receiving such 
request by the secretary. 
The compensation of the members of this board other 

than the secretary and treasurer is two dollars for 
coMPENSA- each regular board meeting. The secretary and 
offk;ers. treasurer receives such compensation for their 

services as the board of education determines 
not exceeding- one hundred dollars for the treasurer and one 
hundred twenty-five dollars for the secretary, per annum. 

POWERS AND DUTIES. 

All the duties required of school inspectors, in townships 
organized under the primary school law, are performed by 
the township board of education. The township board of in- 
spectors, therefore, has no separate existence in such town- 
ships. The following are the principal duties of township 
school officers: 

1. To designate and purchase school house sites. 

2. To erect buildings and furnish the same. 

3. To employ legally qualified teachers. 

4. To provide books for district library. 

5. To make by-laws relative to the taking of the school 
census. 

6. To make all necessary reports and transmit the same to 
the proper officers. 

7. To make needful regulations and by-laws relative to 
school visitation, length of school terms, and purchase of 
books for indigent children (4830). 

8. To fill vacancies that occur until the next annual 
election. 



52 SCHOOL LAW 

Director. 

The director is the chief officer of the primary district 
and upon him falls much of the labor and responsibility of 
the district board. We give below many of his principal 
duties : 

1. To act as clerk, when present, of all meetings of the 
district and of the board. 

2. To record the proceedings of all district meetings, and 
the minutes of all meetings, orders, resolutions, and other 
proceedings of the board, in proper record books. 

3. To give the prescribed notice of the annual district 
meeting, and of all special meetings. 

4. To draw and sign warrants upon the township treasurer 
for all moneys raised for district purposes or apportioned to 
the district by the township clerk, and orders upon the treas- 
urer for all moneys to be disbursed by the district, and to 
present them to the moderator, to be countersigned by that 
officer. Each order shall specify the object for which and 
the fund upon which, it is drawn. 

5. To draw and sign all contracts with teachers, when di- 
rected by the district board, and present them to the other 
members of the board for further signature. 

6. To provide, in his discretion, the necessary appendages 
for the school house, and keep the same in good condition 
and repair during the time of school. (See also Chap. X.) 

7. To keep an accurate account of all expenses incurred 
by him as director, such account to be audited by the mod- 
erator and assessor and, on their written order, to be paid 
out of any money provided for the purpose. 

8. To present at each annual meeting an estimate of the 
expenses necessary to be incurred during the ensuing year 
by the director, and for payment of the services of any dis- 
trict officer. 

9. To preserve and file copies of all reports made to the 



OF MICHIGAN. 53 

school inspectors; and safely to preserve and keep all books, 
papers and other documents belonging- to the office of director 
(or to" the district, when not otherwise provided for) and to 
deliver the same to his successor in office. 

10. To take a census of the district within the ten days 
next previous to the first Monday in September in each 
year. This work may be done by any person appointed by 
the district board. 

11. At the end of the school year and previous to the sec- 
ond Monday in September in each year, to deliver to the 
township clerk, to be filed in his office, a report to the board 
of school inspectors of the township, showing : 

(a) The whole number of children belonging to the dis- 
trict between the ages of five and twenty years, according to 
the census taken as aforesaid. 

(h) The number attending school during the year under 
five, and also the number over twenty years of age. 

(c) The number of non-resident pupils of the district tha 
have attended school during the year. 

(d) The whole number that have attended school during 
the year. 

(e) The length of time the school has been taught during 
the year by a qualified teacher, the name of each teacher, 
the length of time taught by each, and the wages paid to 
each. 

(/) The average length of time scholars, between five and 
twenty years of age, have attended school during the year. 

ig) The amount of money received from the township 
treasurer and apportioned to the district by the township 
clerk. 

{h) The amount of money raised by the district, and the 
purposes for which it was raised. 

{i) The kind of books used in the school. 

0") Such other facts and statistics in regard to the schools 
and the subject of education, as the superintendent of pub- 
lic instruction shall direct. 



54 SCHOOL LAW 

12. In fractional districts to make an annual report to the 
clerk of the township in which the school house is situated, 
and also to report to the clerk of each township in which 
the district is in part situated, the number of children be- 
tween the ages of five and twenty years living in that part of 
the district lying in such township (4686 to 4689). 

13. To perform such other duties as may be required of the 
director by law or by the district board. 

Moderator, 

It is the duty of the moderator of each school district : 

1. To preside, when present, at all meetings of the district 
and of the board. 

2. To countersign all orders legally drawn by the director 
upon the assessor for moneys to be disbursed by the district, 
and all warrants of the director upon the township treasurer 
for moneys raised for district purposes, or apportioned to 
the district by the township clerk. 

3. To cause an action to be prosecuted in the name of the 
district on the treasurer's bond, in case of any breach of any 
condition thereof. 

4. To perform such other duties as may be required of the 
moderator by law ( 4685). 

Treasurer, 

It is the duty of the treasurer of each school district : 
1. To execute to the district and file with the director, 
within ten days after his election or appointment, a bond in 
double the amount of money to come into his hands as such 
assessor during his term of office, as near as the same can be 
ascertained, with two sufficient sureties, to be approved by 
the moderator and director, conditioned for the faithful ap- 
plication of all moneys that shall come into his hands by 
virtue of his office, and to perform all the duties of his said 



OF MICHIGAN. 55 

office as required by the provisions of this act. 
BOND. Said bond shall be filed with the director, and 

in case of any breach of the conditions thereof, 
the moderator shall cause a suit to be commenced thereon 
in the name of the district, and any moneys collected thereon 
shall be paid into the township treasury, subject to the order 
of the district officers, and shall be applied to the same pur- 
poses as the moneys lost should have been applied by the 
assessor. 

2. To pay all orders of the director, when lawfully drawn 
and countersigned by the moderator, out of any moneys in 
his hands belonging- to the fund upon which such orders may 
be drawn. 

3. To keep a book in which all the moneys received and 
disbursed shall be entered, the sources from which the same 
have been received, and the persons to whom and the ob- 
jects for which the same have been paid. 

4. To present to the district board at the close of the 
school year a report in writing, containing a statement of 
all moneys received during the preceding year and of each 
item of disbursements made, and exhibit the voucher there- 
for. 

5. To appear for and on behalf of the district in all suits 
brought by or against the same, when no other directions 
shall be given by the qualified voters in district meeting, ex- 
cept in suits in which he is interested adversely to the dis- 
trict; and in all such cases the moderator shall appear for 
such district, if no other direction be given as aforesaid. 

6. At the close of his term of office to settle with the dis- 
trict board, and deliver to his successor in office all books, 
vouchers, orders, documents, and papers belonging to the 
office of treasurer, together with all district moneys remain- 
ing on hand. 

7. To perform such other duties as may be required of 
the treasurer by law (4691). 



66 SCHOOL LAW 

CHAPTER yi. 

TEACHERS. 

Legal Qualiftcations. 

No contract with any person not holding a legal certificate 
of qualification authorizing him to teach, is valid; and all 
contracts with a person holding a legal certificate terminate, 
if the certificate expires by limitation and is not immediately 
renewed (4678). All persons who expect to teach must pro- 
cure the necessary certificate from some duly constituted 
authority. There are several ways by which teachers may 
receive certificates. We first mention those granted by the 
county board. 

COUNTY CERTIFICATES. 

The regular examinations of teachers^ in all counties of 

the state are held at the county seats, beginning 

REGULAR EX- qu thc sccoud Thursdays of March and August 

AMINATrONS. , ^ , m ^ , • 

in each year. In nearly all of the counties are 
held two other regular public examinations beginning on 
the third Thursdaj'^s of June and October in each year (4811). 

Three grades of county certificates are granted, as follows: 

First grades are granted from the examinations of March 
and August and are valid for four years. The 
FIRST GRADE examiuatiou is in algebra, botany, geometry, 
general history, physics, arithmetic, grammar, 
United States history, civil government, geography, read- 
ing, penmanship, orthography, school law, theory and art 
of teaching, physiology and hygiene with reference to the 
effects on the human system of alcholic drinks, stimulants, 
and narcotics. 

All county certificates must be .signed by the commis- 
sioner and at least one examiner (4812). 

Without the indorsement of the superintendent of public 

Nora.— A teachers contract is not valid unless the teacher holds a 
legal certificate during the entire period of said contract. 



OF MICHIGAN. 57 

instruction, first grade certificates are valid only in counties 
where granted. 
To secure this indorsement the papers written by success- 
ful applicants must be forwarded by commission- 
iNDORsE- QYQ within ten days to said superintendent for 

examination and approval. If he approves and 
signs the certificate, it becomes valid throughout the state. 
Any applicant for a first grade certificate who feels that 
the county board has not given his papers due credit, may 
order them sent to the superintendent of public instruction 
for inspection; and if the standings given by the superintend- 
ent are sufficient for his indorsement, the county board 
shall issue the certificate or give reasons satisfactory to the 
superintendent for withholding the same. No first grade 
certificate is valid in any county other than that in which it 
is granted, unless countersigned by the superintendent and 
a copy filed with the commissioner in the county in which 
the holder desires to teach. Act 99, 1901. 
Second grades are granted from the four regular examina- 
tions and are valid throughout the county where 
SECOND GRADE granted for three years.* Candidates may select 
any two of the four studies — algebra, botany, 
general history, and physics— and are required to write on 
all the other branches excepting geometry. 
Third grades are granted from any public examination 
and are valid throughout the county where 
THIRD GRADE grautcd for one year. The branches required 
in an examination for a third grade certificate 
are all those, excepting the first five mentioned, in the first 
grade list. 
For the purpose of limiting the number of third grade 
certificates which may be granted to a person in 
CLASSES tjie public schools, third grade certificates are 

A AND B. -^ 7 o 

divided into two classes known as A. and B. 

*NoTE.— Second grade papers may be forwarded to another county 
for examination if candidate desires to teach in that county (Act 99, 
1901). 



58 SCHOOL LAW 

Certificates of class A are granted to teachers of three years 
experience in primary department (first four grades) of 
graded schools. Certificates of this class license the holder 
to teach only in primary departments. The number which 
may be granted to a person is not limited. Certificates of 
class B are the regular third grade certificates and license 
the holder to teach in any school of the county ; but no more 
than three certificates of this class can legally be granted to 
the same person (4813). The purpose of this law is to require 
teachers to progress and secure higher grades of certificate. 
The questions for these two classes of third grade certificates 
vary somewhat to correspond with the kind of work required 
of the teachers. 
All questions for county examinations are prepared by the 
superintendent of public instruction and 
EXAMINATION fumishcd to the commissioner under seal, to be 

QUESTIONS. ' 

opened in the presence of the candidates for 
certificates. 
The standard of examinations to be followed is left entirely 

to the discretion of the examining board, so that 
STANDARD OF ^jig succcss Or fallurc of applicants depends more 

EXAMINATION. ^^ ^ 

on the closeness or liberality of the marking 

than upon the character of the questions furnished. 

Besides the certificates mentioned, the county commissioners 

has power, upon personal examination sati- 

spEciAL factory to himself or herself, to grant certificates 

CERTIFICATES. ° 

which shall license the holder thereof to teach 
in a specified district for which it is granted ; but such 
certificate does not continue in force beyond the time of the 
next public examination, and in no case can a second special 
certificate be granted to the same person, and it does not in 
any way exempt the teacher from a full examination (4813). 
The object of a special certificate is to bridge over the time 
between the commencement of a school term and the next 
meeting of the examining board (71 Mich. 361). (94 Mich. 
170.) 



OF MICHIGAN. 59 

Educational qualifications are not the only qualification of 

teachers. No board of examiners can legally 

CITIZENSHIP grant a certificate to any person who, having 

arrived at the age of twenty-one years, is not a 

citizen of the United States. The law also directs the 

examining board to grant certificates to successful applicants 

who have attained the age of eighteen years (4812). 

The moral character of the applicant is another question 

which examining boards must carefully consider. 

MORAL Certificates may be withheld from persons who, 

CHARACTER. 

though possessing all the educational qualifica- 
tions, are unfit to teach in the public schools. The supreme 
court, in the case of Sturdevant vs. The Board of Examiners, 
refused to interfere with the decision of the examiners, and 
decided that the board was better able to determine the 
qualifications of applicants than the court. Prom another 
decision we quote: " A man who habitually violated his duty 
by profanity and Sabbath breaking was of bad moral 
character" (45 Mich. 484). 

RENEWALS OF CERTIFICATES. 

The only Michigan law in existence authorizing boards of 
examiners to renew certificates is the provision found in 
section 4813 of the Compiled Laws. It reads: " The board 
of examiners shall have the right, however, to renew with- 
out examination the certificates of persons who shall have 
previously obtained an average standing of at least 85 per 
cent in all studies covered in two or more previous examina- 
tions, and who shall have been since that examination con- 
tinuously and successfully teaching in the same county." 
This seems so plain as to require no explanation, but nu- 
merous inquiries addressed to the department of public 
instruction suggest that it is not interpreted alike by teachers 
and examiners. We, therefore, in the absence of any court 
decisions, venture the following interpretation : 1st. The 



60 SCHOOL LAW 



Standings on each certificate must average 85 per cent. 
2d. The board does not have the right under this provision 
to renew the certificate of an applicant who has not been 
teaching continuously and successfully during the two years 
just preceding. 3d. The law is simply permissive and not 
mandatory on the examiners. 

REVOKING OF CERTIFICATES. 

The board of examiners may suspend or revoke any 
teacher's certificate issued by them for any reason which 
would have justified said board in withholding the same 
when given — for neglect of duty, for incompetency to 
instruct or govern a school, or for immorality — and the said 
board may, within their jurisdiction, for immorality or in- 
competency to instruct and govern a school, suspend the 
effect of any teacher's certificate that may have been granted 
by other lawful authority : Provided, That no certificates 
shall be suspended or revoked without a personal hearing, 
unless the holder thereof shall, after a reasonable notice, 
neglect or refuse to appear before the said board for that 
purpose (4814). 

CITY CERTIFICATES. 

The officers of every school district which is or shall 
hereafter be organized in whole or in part in any incor- 
porated city in this state where special enactments shall 
exist in regard to the licensing of teachers, shall employ only 
such teachers as are legally qualified under the provisions 
of this act: Provided, That in cities employing a superintend- 
ent, the examination of teachers shall be conducted by 
such superintendent or by a committee of the board of 
education of such school district, and certificates issued at 
such time and in such a manner as the superintendent of 
public instruction and board of education in such city shall 



OF MICHIGAN. 61 

prescribe. Cities having- a special and thoroughly equipped 
normal training- department under control of a special train- 
ing teacher, such school having a course of not less than one 
year, shall be exempt from the provisions of this section as 
to the examination of teachers.* 

COLLEGE CERTIFICATES. 

The state board of education is empowered to grant 

teachers' certificates without exa,mination to any 

COURSE person who has received a bachelor's, master's, 

OF STUDY. ^ ' ' 

or doctor's degree from any college in this State 
having a course of study of not less than four years, actually 
taught in such college, in addition to the preparatory work 
necessary for admission to the University of Michigan, upon 
a recommendation from the faculty of such college, stating 
that in their judgment the applicant is entitled to receive 
such certificate. Such college must also have a course in 
the science and art of teaching of at least one college year 
of five and a half hours per week, which shall have been 
taken by said applicant and shall include a thorough exami- 
nation by the college granting such diploma, as to qualifica- 
tion and fitness for teaching (4805 to 4807). 
Provided, that if said person furnishes to said board satis- 
factory proof of having successfully taught for 
LENGTH OF three years in the schools of this State, said cer- 

CERTIFICATE. *' ' 

tificate shall be a life certificate. If such proof 
is not furnished said board, then such certificate shall be for 
four years only, and a life certificate may at any time there- 
after be issued by said board upon the filing of such proof. 
Such certificate shall entitle the holder to teach in any of 
the schools in this State without examination, provided a 
copy of the same is filed or recorded in the office of the legal 
examining officer, or officers of the county, city, township, or 

*NOTE.— Amended by Act 99, 1901, by providing that a principal be em- 
ployed and that the superintendent shaU give at least half his time to 
supervision. 



62 SCHOOL LAW 

district in which said person is to teach, and shall be annulled 

only by the state board of education, and by it only for cause. 

It shall be the duty of said board of education carefully to 

examine any course of study in the science and 

APPROVAL OF art of teaching- that may be submitted to it by 

•TATE BOARD. & J J 

the trustees of any college and, if satisfactory, to 
furnish such trustees with a written certificate approving 
the same* If, at any time, the said board of education con- 
cludes that any college, whose graduates may 
WITHDRAWING dcslre to receive such certificate, is not giving 

OF APPROVAL* ' ° ° 

such instruction in the science and art of teach- 
ing and in the other branches as shall be approved by it, 
then said board shall so determine by a formal resolution 
and shall give notice thereof to the trustees of such college ; 
and thereafter no teachers' certificates shall be given by 
said board to the graduates of such college, until said board 
shall be satisfied that proper instruction in the science and 
art of teaching and in other branches is given by such col- 
lege, and the board shall certify such fact to the trustees of 
such college. 

UNIVERSITY CERTIFICATES. 

The faculty of the department of literature, science, and 
the arts, of the University of Michigan, shall give 
GRANTED BY ^,0 cvcry pcrsou receiving a bachelor's, master's, 
or doctor's degree, and also a teacher's diploma 
for work done in the science and in the art of teaching from 
said University, a certificate, which shall serve as a legal 
certificate of qualification to teach in any of the schools of 
this State, when a copy thereof has been filed or recorded in 
the office of the legal examining officer or officers of the 
county, township, city, or district (4804). 
Such certificate shall not be liable to be annulled except 
by the said faculty of the University ; but its 
OF cERTiFi- effect may be suspended in any county, town- 
ship, city or district, and the holder thereof 



OP MICHIGAN 63 

may be stricken from the list of qualified teachers in such 
county, township, city, or district, by the legal examining 
oflflcer or officers of the said county, township, city, or dis- 
trict, for any cause and in the same manner that such exam- 
ining officer or officers may be by law authorized to revoke 
certificates they have given, and such suspension shall con- 
tinue in force until revoked by the authority suspending it.* 

STATE CERTIFICATES. 

The state board of education holds two meetings each 
year, at which they examine teachers and grant certificates 
to such as have taught in the schools of the State at least two 
years, and who, upon a thorough and critical examination in 
every study required for such certificate, are found to possess 
eminent scholarship, ability, and good moral character. 
Such certificates, signed by the members of said board, 
impressed with its seal, entitle the holder to teach in any of 
the public schools of this State without further examination, 
and are valid for life unless revoked by said board. No cer- 
tificate shall be granted except upon the prescribed exami- 
nation (1818). 
The branches required in an examination for State certifi- 
cates are chemistry, zoology, rhetoric, litera- 
EXAwmAT^N *^^®' geology, in addition to those required for 
first grade certificates. 
The said state board of education may, in its discretion, 
endorse State teachers' certificates or normal 
sTATEs^"^" school diplomas granted in other states, if it be 
shown to the satisfaction of such board that the 
examinations required or courses of study pursued are fully 
equal to the requirements of this State (1826). 

*NoTB.— Act 213, 1903, provides that credit may be given for work done 
in other educational institutions if such work is equivalent to work done 
in the University. 



64 SCHOOL LAW 

Teachers' Institutes. * 

All boards or officers authorized by law to examine appli- 
cants for certificates shall collect, at the time of 
ANNUAL FEES. examlnatloD, from each male applicant an an- 
nual fee of one dollar, and from each female 
applicant an annual fee of fifty cents ; and the director or 
secretary of any school board that shall employ any teacher 
who has not paid the fee hereinbefore provided shall collect, 
at the time of making contract, from each male teacher so 
employed, an annual fee of one dollar, and from each female 
teacher so employed, an annual fee of fifty cents (4839). 

All persons paying a fee as required by this section shall 
be given a receipt for the same ; and no person shall be 
required to pay said fee more than once in any school year. 
The requirements of this law apply to all teachers, whether 
applicants for certificates or employed by school boards 
(Atty. Gen., March 21, 1884). 
All such fees collected by the director or secretary of any 
school board are paid over to the county com- 
iNSTiTUTE missioner of schools of the county in which they 
were collected, on or before the fifteenth day of 
March, June, September, and December, accompanied by a 
list of those persons from whom they were collected (93 
Mich., 281). And all such fees, together with all those that 
are collected by the county commissioner of schools, are paid 
over by him to the treasurer of the county in which they 
were collected, on or before the last day of March, June, 
September, and December in each year, accompanied by a 
complete list of all persons from whom said fees were col- 
lected ; and a like list, accompanied by a statement from the 
county treasurer that said fees have been paid to him, shall 

* Note.— This act does not conflict with the constitution (xiv, i,) on 
the ground that the fees are specific taxes; nor on the ground that 
the fees are not uniform. This section (law) is not defective, incom- 
plete, ineffectual and is not therefore void. (67 N. W. 973.) 



OF MICHIGAN. 65 

be sent by said commissioner to the superintendent of pub 
lie instruction. All moneys paid over to the county treas- 
urer, as provided by this act, shall be set apart as a teachers' 
institute fund (4840). 
The superintendent of public instruction shall annually 
appoint a time and place in each organized 
WHERE HELD, couuty for holding a teachers' institute, make 
suitable arrangements and give due notice of the 
same : Provided, that in organized counties having less than 
one thousand children between the ages of five and twenty 
years, the holding of the institute shall be optional with the 
said superintendent, unless requested to hold such institute 
by fifteen teachers of the county in which such institute is 
to be held. However, if there shall not be a sufficient num- 
ber of teachers in any county to make such request, then 
teachers of adjoining counties who desire to attend such 
institute may unite in the required application to said super- 
intendent. Also, the said superintendent may, in his dis- 
cretion, hold an institute for the benefit of two or more 
adjoining counties, and draw the institute fund from each of 
the counties thus benefited (4841). 
The superintendent of public instruction, in case of inabil- 
ity personally to conduct any institute or to make 
THE the necessary arrangements for holding the same, 

is authorized to appoint some suitable person for 
that purpose, who shall be subject to the direction of the 
superintendent. 
Every teacher attending any institute held in accordance 
with the provisions of this act, shall be given by 

CERTIFICATE ^ ! & .7 

OF ATTEND- thc Superintendent of public instruction, or by 
'^^^^' the conductor, a certificate setting forth at what 

sessions of said institute such teacher was in attendance; and 
any teacher who closes his or her school in order to attend 
the institute shall not forfeit his or her wages as teacher 

5 



66 SCHOOL LAW 

during- such time as he or she attended it, and the certificate 

provided shall be evidence of such attendance (4842). 

For the purpose of defraying the expenses of rooms, fires, 

lights, or other necessary charges, and for pro- 

DEFRAYiNG curlug teachcrs and lecturers, the said superin- 

EXPENSES. ^ ' ^ 

fcendent or the person authorized by him to con- 
duct the institute, maj^ demand of the county clerk of each 
county for the benefit of which the institute is held (who shall 
thereupon draw an order on the county treasurer of his county 
for such sum) an amount necessary to defray these expenses 
but not exceeding the institute fund in the county treasury; 
and the treasurer of said county is hereby required to pay 
over to said superintendent or conductor, from the institute 
fund in his hands, the amount of said order (4843). 
In case the institute fund in any county is insufficient to 

defray the necessary expenses of any institute 
STATE AID. held under the provisions of this act, the auditor 

general shall, upon the certificate of the superin- 
tendent that he has made arrangements for holding such 
institute and that the county institute fund is insufficient to 
meet the expenses thereof, draw his warrant upon the State 
treasurer for such additional sum as said superintendent shall 
deem necessary for conducting such institute, which sum 
shall not exceed one hundred* dollars for each institute of 
five days' duration (4843). 
The superintendent is authorized to hold, once in each year, 

an institute for the State at large, to be denomi- 
GENERAL uatcd a State institute; and for the purpose of de- 

rNSTITUTE. ' ^ ^ 

fraying the necessary expenses of such institute, 
the auditor general shall, on the certificate of said superin- 
tendent that he has made arrangements for holding such 
institute, draw his warrant upon the state treasurer for such 
sum as said superintendent shall deem necessary for conduct- 
ing such institute, which sum shall not exceed four hundred 

* Amended by act No. 64, Laws of 1899. 



OF MICHIGAN. 67 

dollars and shall be paid out of the general fund: Provided, 

That not more than three thousand dollars shall be drawn 

from the treasury, or any greater liability incurred in any 

one year, to meet the provisions of this law (4845). 

The superintendent of public instruction or the conductor 

drawing money from the county treasurer, shall, 

VOUCH sRs. at the close of each institute, furnish to the county 

treasurer vouchers for all payments from the 

same; and he shall return to the county treasurer whatever of 

the amount may remain unexpended, to be replaced in the 

institute fund (4846). 

Teachers' Associations. 

Any fifteen or more teachers, or other persons residing in 
the State, who shall associate for the purpose of 
ORGAN I- promoting education and science and improve- 

ments in the theory and practice of teaching, 
may form themselves into a corporation under such name as 
they may choose, providing they shall have published in some 
newspaper printed at Lansing or in the county in which such 
association is to be located, for at least one month previous, a 
notice of the time, place, and purpose of the meeting for such 
association, and shall file in the office of the secretary of state 
a copy of the constitution and by-laws of said association 
(7730) 
Such association may hold and possess real and personal 
property to the amount of five thousand dollars, 
FUNDS, but the funds or property thereof shall not be 

used for any other purpose than the legitimate 
business of the association in securing the objects of its 
corporation (7731). 
Upon becoming a corporation, they shall have all the powers 
and privileges and be subject to all the duties of 
POWERS. ^ corporation (7732). 



68 school law 

teachers' contracts. 

A teacher's contract must be in writing, and must state 
the wages agreed upon and the length of the term. 

The teacher must be required to keep a correct list of the 

pupils and the age of each attending the school. 

nEouiRED He shall keep a record of the number of days 

RECORD. . ^ -,,.■, t -f J. 

each pupil is present, and furnish to the director 
a correct copy of the same at the close of the school.! 

The contract must be filed with the director and a duplicate 
^'^J^NGOFCON- copy furnished to the teacher (4678). 

A contract with a teacher who does not hold a certificate 

that is valid within the county is void. If the 

UNQUALIFIED Certificate expires during the period for which 

TEACHER. ^ , 

the contract is given, said contract becomes void, 
unless the teacher immediately secures a new certificate. 
The word "immediately" in the foregoing sentence should 
be construed to mean that the certificate be renewed before 
the teacher continues with the work of the school. 
All contracts for teaching must be construed as subject to 

vacations on legal holidays.* No deduction from 
LEGAL teachers' wages on account of such vacation can 

HOLIDAYS. 

be made (39 Mich. 484). Holidays should always 

be counted as days taught. The employment of teacher by 

the day instead by the month or year, does not make it the duty 

of teachers to make up time lost in the observance of holidays. 

If a teacher is employed for a definite time and, during the 

period of his employment, the district officer 
CLOSING OF closes the schools on account of the prevalence 

SCHOOLS. ^ 

of contagious diseases and keeps them closed for 
a time, the teacher is entitled to full wages during such period 
(43 Mich. 480; 39 Mich. 484; 62 Mich. 153). In schools closed 

* Note.— The legal holidays in this State are January 1, February 
22, May 30, July 4, Labor Day, Thanksgiving Day, and Christmas. 
Whenever a legal holiday falls on Sunday, the next day is observed 
ln.stead. 

tNoTE.— Act 146, 1901, requires teacher to keep a record of the grad- 
ing of pupils, the aggregate attendance and the percentage of attend- 
ance. 



OF MICHIGAN. 69 

on account of a loss of the school house by fire or storm, the 
teacher can collect his wages (75 Mich. 143). 

Contracts made previous to annual meeting are valid. The 
MADE legislature contemplated that schools should gen- 

BEFORE erally open on the beginning of the school year 

MEETrNG. and that teachers would have to be contracted 

with in season. Neither the newly elected trustees nor the 
voters at the annual meeting have the power to impair the 
obligation of a contract made before such annual meeting (44 
Mich. 500; 98 Mich. 43; 88 Mich. 374). 

When a contract with a teacher has been agreed upon at a 

board meeting, it is the duty of the director and 

siGNATunEs the moderator to sign it. It is not in the power 

TO CONTRACT. '^ , . „ ,, , j 

of the officers to defeat the action of the board 
by refusing to sign a contract authorized by it (93 Mich. 43). 
A contract signed by two members of the board without 
calling a meeting and consulting with the other member is 
void (47 Mich. 626). It is not imperative that a contract be 
signed by all three of the officers, and one signed by a 
majority of the board is presumed to be valid, especially if 
the officers draw and pay orders without protest (61 Mich. 
299). It should also have the teacher's signature. 
While it is the duty of the director to sign and file ^ 

teacher's contract, his refusal to perform his 
VALIDITY OF dutv lu thls rcspcct does not impair the validity 

CONTRACT. */ X j- ^ 

of a contract, if otherwise properly authorized 
and executed (46 Mich. 316). A contract valid on its face 
and carried with the acquiescence of all concerned, can not 
be subsequently repudiated (62 Mich. 153; 77 Mich. 610). 
Contracts made between the district board and teacher 
must be authorized at a regular meeting of the 
WHEN Au- board (47 Mich. 626). After a contract has been 

THORIZED. ^ ' r. 1 T 1 • 

duly authorized at a meeting of the board, it 
may be signed at the convenience of the officers (30 Mich. 
249). 



70 SCHOOL LAW 

No power is now conferred by statute upon the voters at a 
CHOICE OF district meeting, to determine whether the 
FEMALE school shall be taught by a male or a female 

TEACHER. teacher (88 Mich. 374). 

All teachers, whether qualified or unqualified, are entitled 

w^th'teacTh- *^ P^-^ ^^^ services actually performed. The 
ERs NOT LE- gcucral policy of the school law is that schools 
FiED. ' shall be taught by qualified teachers, but ne- 

cessities may arise where this cannot be done. A district 
may be unable to find a qualified teacher. Where the em- 
ployment of an unqualified teacher is a necessity, the school 
district is authorized to employ one who has not the proper 
certificate (if the school board is satisfied that the teacher 
is otherwise qualified), and to pay such teacher out of the 
moneys belonging to the district; but the primary school 
moneys and mill-tax cannot be applied to that purpose (37 
N. W. 570). The liability of a school district to pay a 
teacher for services actually rendered has been maintained 
by the following authorities : 55 Vt. 61; 13 Neb. 52; 47 Mich. 
226; 10 N. W. 349; 61 Mich. 299; 28 N. W. 105. Teachers 
who do not hold a properly signed contract and 
TEACHERS CAN "vvho arc pcrmlttcd by the district board to 

COLLECT PAY. ^ '' 

teach, can collect such wages as a court will 
allow, which is generally the average rate of wages paid in 
adjoining school districts. 

Corporal Punishment. 

Our school law is silent on this subject. The decisions of 
the courts uniformly sustain teachers in the administering 
of punishment to a reasonable degree. Teachers should 
exercise much discretion, and punish only when all other 
methods fail. Many of our best educators are opposed to 
corporal punishment under any circumstances. Below is 
given a list of cases on which decisions have been made : 



OF MICHIGAN. 71 

4 Gray, Mass., 38; 14 Johns., Ind., 119; 50 Iowa, 145; 4 Ind., 
291; 19 Vt., 102; 27 Me., 266; 32 Vt., 114; 50 Iowa, 152. 

Extent of Teachers* Authority. 

This is a much disputed question. Generally speaking, 
the authority of the teacher does not extend beyond the 
school premises ; but conduct of pupils which injures the 
school and has a tendency to bring- the teacher's authority 
into contempt may be dealt with by the teacher, even if 
outside of school house and away from school premises (32 
Vt., 114; 31 Iowa, 562). 

Becent Michigan Decisions, 1902. 

It is not only the legal right but the moral duty of the 
school authorities to require children to go directly from 
school to their homes. All parents who have a proper re- 
gard for the welfare of their children, desire it. The state 
makes it compulsory upon parents to send their children to 
school and punishes them for failure to do so. The least that 
the state can in reason do is to throw every safeguard possible 
around the children, who in obedience to the law are attend- 
ing school. The dangers to which children are exposed upon 
the streets of cities are matters of common knowledge. Hu- 
manity and the welfare of the country demand that a most 
watchful safeguard should so far as possible accompany chil- 
dren, when required or allowed to be on the streets. Parents 
have a right to understand that their children will be prompt- 
ly sent home after school, and to believe that something unto- 
ward has happened when they do not return in time. In no 
other way can parents and teachers act in harmony to pro- 
tect children from bad influences, bad companionship, and 
bad morals. The rule does not restrict the authority of 
parents over their children. 

This action is fully sustained by the authorities: 32 Vt. 
120; 85 Mo.. 485; 8 Gush., 160; Mechem on Pub, Officers, Sec, 
730. 



72 SCHOOL LAW 



CHAPTEK VII. 

COMPULSORY ATTENDANCE AT SCHOOL. 

MichigaD has a comprehensive law for compelling children 
to attend school. Previous to 1895 the authority of truant 
and district officers had been limited, and a general enact, 
ment was passed by the legislature giving additional power 
to those dealing with parents who are indifferent concerning 
the education of the children, or with truants who baffle the 
authority of their parents (4847 to 4853). 

Ages of Compulsory Education. 

Every parent, guardian, or other person in the State of 
Michigan having control and charge of any child between 
the ages of eight and fifteen years and in cities between 
the ages of seven and fifteen years, is required to send 
such child to the public school for a period of at least four 
months in each school year (except that, in cities 

NUMBER OF J \ ir- ) 

MONTHS AT- havlug a duly constituted police force, the at- 
tendance at school shall not be limited to four 
months), beginning on the first Monday of the first term 
commencing in his or her district after September 1, 1895, 
and of each year thereafter. Such attendance must be 
consecutive, and each and every pupil between the ages 
specified must have attended school the entire four months 
previous to the thirtieth day of June in each year. 

PUPILS EXEMPTED. 

1. Those who are being taught in private schools in such 
branches as are usually taught in public schools. 



OF MICHIGAN. 73 

2. Pupils who have already acquired bhe ordinar" branches 
of learning taught in public schools. 

3. Children physically unable to attend school, if such fact 
is certified to by a reputable physician. 

4. Those under nine years of age, living more than two 
miles from any school house. 

Truant Officer, 

The district board or board of education in each school 
district which has been organized as a graded 
WHEN AP- school district or as a township district, and all 
pofNTED. districts having fifty or more pupils, may, in 

their discretion, previous to the tenth day of September of 
each year, appoints a truant officer for the term of one year 
from and after the first Monday of September of each year. 

In townships whose districts are organized under the 
primary school law, the chairman of the town- 
iN PRIMARY ship board of school inspectors is the truant 
DISTRICTS. officer and performs all the duties of truant 
officer, so far as the provisions of this law apply to the 
territory over which he has jurisdiction. 

In cities having a duly organized police force, it is the 

duty of the police authority, at the request of 

IN CITIES. the school authorities, to detail one or more 

members of said force to perform the duties of 

truant officer, or the board of education may appoint any 

citizen (Act 83, 1901). 

The compensation of the truant officer is fixed in graded 
school districts by the board which appoints, 
COM PEN- and in townships by the township boards; and in 

sATioN. ^^ ^g^gg ^^^ QUGh compensation be less than one 

dollar and fifty cents per day for time actually employed 
under direction of the district board in performance of his 
official duties. The compensation of truant officers is allowed 
and paid in the same manner as incidental expenses are paid 
by such boards. 

The director is required to furnish a copy of the last school 
census at the beginning of each term of school, and the 
teacher is required at the end of each month to compare the 
names of pupils in attendance with the names of those on the 
census list to ascertain what pupils, if any, are not attending 
school. It is the further duty of the teacher to report such 
pupils to the truant officer. 1903. 

It is the duty of the truant officer to investigate all cases 



74 SCHOOL LAW 

of truancy or noh-attendance at school, and to 
DUTIES. render all services within his power to compel 

children to attend school; and, when informed of 
continued non-attendance by any teacher or resident of the 
school district, he shall immediately notify the persons hav- 
ing control of such children that, on the following Monday, 
such children must present themselves with the necessary 
text-books for instruction in the proper school of the district. 
The notice also informs said parent or guardian that at- 
tendance at school must be consecutive at least eight half 
days of each week until the end of that term, except in cities 
having a duly constituted police force, where attendance in 
school shall be continuous. 

Penalty on Parents, 

In case any parent, guardian, or other person having charge 
of children fails to comply with the provisions of this law, he 
shall be deemed guilty of a misdemeanor and shall, on con- 
viction, be liable to a fine of not less than five dollars nor 
more than fifty dollars, or by imprisonment in the county or 
city jail for not less than two nor more than ninety days, or 
by both such fine and imprisonment, in the discretion of the 
court. 

Ungraded Schools. 

In all city school districts having a school census of five 
hundred or more pupils, the school board or officers having 
in charge the schools of such districts may establish one or 
more ungraded schools for the instruction of juvenile dis- 
orderly persons. They may, through their truant officer and 
superintendent of schools, require such children to attend 
said ungraded schools or any department of their graded 
schools, as said board of education may direct. 

Juvenile Disorderly Persons, 

The following classes of persons between the ages of eight 



OP MICHIGAN. 75 

and fourteen years, and in cities between the ages of seven 
and sixteen years, are deemed juvenile disorderly persons, 
and shall, in the judgment of the proper school authorities, 
be assigned to the ungraded school or schools: 

1. Habitual truants from any school in which they are 
enrolled as pupils. 

2. Children who, while attending any school, are incor- 
rigibly turbulent, disobedient, or insubordinate, or are vicious 
or immoral in conduct. 

3. Children who are not attending any school and who 
habitually frequent streets and other public places, having 
no lawful business, employment, or occupation. 

It is the duty of the truant officer, in case of a violation of 
this law, within one week after having given 
LAw.'^^'°'^ °^ *^® notice to the parent or guardian as specified 
above, to make a complaint for such refusal or 
neglect, against said parent, guardian, or other person having 
the legal charge and control of such child, before a justice of 
the peace in the city, village, or township where the party 
resides, except in cities having recorder's or police court. 
And said justice of the peace, police judge, or recorder's 
court, shall issue a warrant upon said complaint and shall 
proceed to hear and determine the same; and, upon conviction 
thereof, said parent, guardian, or other person, as the case 
may be, shall be punished ,by the fine and imprisonment 
above mentioned. It is the duty of all school officers, super- 
intendents, or teachers, to render such assistance and furnish 
such information as they have at their command, to aid said 
truant officer in the fulfillment of his official duties. 

COMMITMENT TO REFORMATORY. 

A boy between the age of ten and sixteen years or a girl 
between the age of ten and seventeen years, who frequents 
saloons or disreputable places or who is an inmate or mem- 
ber of a family who resides in any house of ill fame or who 



76 SCHOOL LAW 

frequents a place where disreputable people congregate or 
where intoxicating liquors are kept for sale, is 
TRUANTS. considered, in law, a truant or disorderly child. 
A child between the ages above mentioned, who 
runs away from school or from a house or other place where 
he or she resides or is legitimately employed or who lounges 
upon public streets or any place of disreputable or improper 
character, or who attends public dances, skating rinks, or 
shows are also considered truants or disorderlies. 

Boys of this class may be sent to the Industrial School at 
Lansing, and girls to the Industrial Home for Girls at 
Adrian. The sentence of the boys continues until they are 
eighteen years of age and girls until twenty-one years 
of age. Before children may be consigned to these in- 
stitutions they must be given a trial in the manner per- 
scribed in our state Laws, before a Justice or other Magis- 
trate and sentence must be approved by the Judge of Pro- 
bate in the county in which they reside, excepting the cities 
of Detroit and Grand Rapids and where their cases are sub- 
mitted to the Judge of the Recorders Court. In each county 
of the state an ofiicer acting as County Agent of Corrections 
and Charities appointed by the Governor of the state, has 
authority to make complaint and bring action against 
children who are classed as truant and disorderly. 



OF MICHIGAN. 77 



CHAPTER VIII. 

TEXT-BOOKS AND LIBRARIES.* 

The district board is authorized to specify the studies to be 
pursued in the schools of the district, and each school board 
making a selection of text-books for use in the district is 
directed to keep a record of the same. 

Adoption of Text-BooJcs. 

Text-books once adopted can not legally be changed within 
five years, unless a majority of the voters of the 

HOW OFTEN district shall consent at a regularly called dis- 
trict meeting (4680). If, after five years the 

school board does not make another adoption, the books 

formerly adopted continue to be the legally adopted books of 

the district. 
After a school board has adopted a certain text-book and 
several copies of it have been received and sold 

CANNOT iQ ^jjQ patrons, the board has no right to recon- 

RECONSIDER. ^ ' , , ,r r. 

sider the resolution adopting such book (88 
Mich. 371). 

BOOKS FOK POOR CHILDREN. 

The district board may purchase, at the expense of the dis- 
trict, such text-books as may be necessary for the use of 
children, when parents are not able to furnish the same; and 
they shall include the amount of such purchase in the report 
to the township clerk or clerks, to be levied in like manner 
as other district taxes (4681). 

* Note. —Michigan has no law for uniform text-hooks. The law of 
1897 was repealed hy the Legislature of 1899. 



78 SCHOOL. LAW 

Free Text- Boohs, ^ 

Section 1. From and after June thirtieth, eighteen hun- 
dred and ninety, each school board of the State 
PURCHASED BY shall purchase, when authorized, as hereinafter 

THE BOARD. .^ _ ' ' 

provided, the text-books used by the pupils of 
the schools in its district in each of the following subjects : 
Orthography, spelling, writing, reading, geography, arith- 
metic, grammar (including language lessons), National and 
State history, civil government, and physiology and hygiene ; 
but text-books once adopted under the provisions of this act 
shall not be changed within five years : Provided, That the 
text-book on the subject of physiology and hygiene must be 
approved by the state board of education, and shall in every 
way comply with section fifteen of act number one hundred 
and sixty-five, of the public acts of eighteen hundred and 
eighty-seven, approved June ninth, eighteen hundred and 
eighty-seven, and that all text-books used in any district 
shall be uniform in any one subject. 
Sec. 2. The district board of each school district shall 

select the kind of text books on subjects enu- 
"°* merated in section one, to be taught in schools 

SELECTED. - , . . , . . t^ -, -. 

of their respective districts : Provided, That 
nothing herein contained shall require any change in text- 
books now in use in such district. 

The board shall cause to be posted in a conspicuous place, 
NOTICE ^^ least ten days prior to tl\s first annual school 

TO VOTERS meeting from and after the passage of this act, a 

* Note.— We pi-int in full Act No. 147, Public Acts of 1889, which is 
the free text-book law of the State. Michigan has nearly 700,000 chil- 
dren of school age, about 500,000 of whom are attending school. 
There are about 7,200 districts hi the State ; and, up to September, 
1894, only about 400 had availed themselves of the benefits of this law. 
Let the student estimate the cost each year to each pupil, and mul- 
tiply the amount by 500,000 to get the estimated yearly cost of text- 
books to the pupils of the State. Now, supposing text-books can be 
bought 10 per cent cheaper, and, being actually worn out in the ser- 
vice of the pupils, last 15 per cent longer, what would be the saving 
in each year, if all districts furnished free text-books ? 



OF MICHIGAN. *79 

notice that those qualified to vote upon the question of 
raising money in said district shall vote at such annual 
meeting" to authorize said district board to purchase and 
provide free text-books for the use of the pupils in said 
district. If a majority of all the voters, as above provided, 
present at such meeting- shall authorize said board to raise 
by tax a sum sufficient to comply with the provisions of this 
act, the district board shall thereupon make a list of such 
books and file one copy with the township clerk and keep one 
copy posted in the school ; and due notice of such action by 
the district shall be noted in the annual report to the super- 
intendent of public instruction. 

The district board shall take the necessary steps to pur- 
chase such books for the use of all pupils in the 
LOANING several schools of their districts, as hereinafter 

OF BOOKS. . ^ , ^, , , , ^ - ,- T 

provided. The text-books so purchased shall be 
the property of the district purchasing the same and shall be 
loaned to pupils free of charge, under such rules and regula- 
tions for their careful use and return as said district board 
may establish: Provided, That nothing herein contained 
shall prevent any person from buying his or her books from 
the district board of the school in which he or she may 
attend, and that nothing herein contained shall prevent any 
district having once adopted or rejected free text-books, 
from taking further action on the same at any subsequent 
annual meeting. 
Sec. 3. It shall be the duty of the district board of any 
school district adopting free text-books provided 
CONTRACT for in this act, to make a contract with some 

WITH DEALER. , , , -, . , „ . n -i i -i ■ 

dealer or publisher to furnish books used m saia 
district at a price not greater than the net wholesale price 
of such books : Provided, That any district may, if it so 
desires, authorize its district board to advertise for proposals 
before making such contract. 
Sec. 4. The district board of every school district in the 



80 SCHOOL. LAW 

State adopting free text-books under this act 
ANNUAL ESTi- ghall make and prepare annually an estimate of 

MATE OF TAX a * v 

the amount of money necessary to be raised to 
comply with the conditions of this act, and shall add such 
amount to the annual estimates made for money to be raised 
for school purposes for the next ensuing year. Said sum 
shall be in addition to the amount now provided by law to 
be raised, which amount each township clerk shall certify to 
the supervisor of his township to be assessed upon the tax- 
able property of the respective districts, as provided by law 
for raising the regular annual estimates of the respective 
district boards for school purposes, and, when collected, 
shall be paid to the district treasurer in the same manner as 
all other money belonging to said district is paid. 
Sec. 5. On the first day of February next after the tax 

shall have been levied, the director of said dis 
WHEN LEVIED, trict may proceed to purchase the books required 

by the pupils of his district, from the list men- 
tioned in section one of this act, and shall draw his warrant, 
countersigned by the moderator, upon the treasurer or 
assessor of the district for the price of the books so pur- 
chased, including the cost of transportation. 
Sec. 6. If the officers of any school district which has so 

voted to supjDly itself with text-books shall 
NEGLECT refuse or neglect to purchase at the expense of 

the district, for the use of the pupils thereof, the 
text books as enumerated in section one of this act, or to 
provide the money therefor as herein prescribed, each officer 
or member of such board so refusing or neglecting shall be 
deemed guilty of a misdemeanor, and, upon conviction 
thereof before a court of competent jurisdiction, shall be 
liable to a penalty of not more than fifty dollars, or impris- 
onment in the county jail for a period not exceeding thirty 
days, or by both such fine and imprisonment, in the discre- 
tion of the court : Provided, That any district board may 



OF MICHIGAN. 81 

buy its books of local dealers if the same can be purchased 
and delivered to the director as cheaply as if bought of the 
party who makes the lowest bid to the district board, also 
that school districts in cities organized under special char- 
ters shall be exempt from the provisions of this act ; but 
such districts may, when so authorized by a majority vote of 
their district boards, submit the question of free text-books 
to the qualified voters of said districts. If a majority of the 
qualified electors vote in favor of furnishing- free text-books, 
such district boards shall have authority to proceed under 
the provisions of this act (Act 147, 1889). 

Instruction in Physiology and Hygiene. 

In order that proper instruction be given in the effect on 

the human system of stimulants and narcotics, 

TEXT- BOOKS the Icglslaturc has enacted laws which make it 

TO BE USED. ^ 

the duty of school boards to select suitable text- 
books in physiology and hygiene, and likewise the duty of 
teachers to give instruction in this branch to all the pupils 
of the school. 

In addition to the branches in which instruction is now re- 
quired to be given in the public schools, instruction shall be 
given in physiology and hygiene with a special reference to 
the nature of alcohol and narcotics and their effects upon the 
human system. Such instruction shall be given by the aid of 
text-books in the case of pupils who are able to read, and as 
thoroughly as in other studies pursued in the same school. 
The text-books to be used for such instruction shall give at 
least one-fourth of their space to the consideration of the 
nature and effects of alcoholic drinks and narcotics, and the 
books used in the highest grade of graded schools shall con- 
tain at least twenty pages of matter relating to this subject. 
Text-books used in giving the foregoing instruction shall 
first be approved by the state board of education. 

6 



82 SCHOOL. LAW 

^The district board shall require each teacher in the public 

schools of such district, before placing the school 

CERTIFIED register in the hands of the director, to certify 

REPORT* 

therein whether or not instruction has been given 
in the school or grade presided over by such teacher, as 
required by this law, and it shall be the duty of the director 
of the district to file with the township clerk a certified copy 
of such certificate. Any school board neglecting or refusing 
to comply with any of the provisions of this act shall be 
subject to fine or forfeiture the same as for neglect of any 
other duty pertaining to their office. This act shall apply 
to all schools in the State, including schools in cities or 
villages, whether incorporated under special charter or under 
the general laws (4680). 

PREVENTION OF COMMUNICABLE DISEASES. 

Although not properly belonging under the general sub- 
ject of text-books, we mention under this head the printed 
matter sent out by the state board of health, quoting Act 
No. 146 of the Laws of 1895, which is brief and explains 
itself: 

"There shall be taught in every year in every public school 

in Michigan, the principal modes by which each 

STATE BOARD of thc daugcrous communicable diseases are 

OF HEALTH. ° 

spread, and the best methods for the restriction 
and prevention of each such disease. The state board of 
health shall annually send to the public school superintend- 
ents and teachers throughout this State, printed data and 
statements which shall enable them to comply with this act. 
School boards are hereby required to direct such superin- 
tendents and teachers to give oral and blackboard instruction, 
using the data and statements supplied by the state board of 
health). 
Neglect or refusal on the part of any superintendent or 



OF MICHIGAN. 83 

teacher to comply with the provisions of this law 

REFUSAL TO f J t:- 

COM PLY WITH shall be considered a sufficient cause for dismissal 
'■*^' from the school by the school board. Any school 

board neglecting or refusing to comply with any of the pro- 
visions of this act shall be subject to a fine or forfeiture, the 
same as for neglect of any other duty pertaining to their 
office. This act shall apply to all schools in this State, in- 
cluding schools in cities or villages, whether incorporated 
under special charter or under the general laws" (4796 to 
4799). 

Lihraries, 

In the twelfth section of article thirteen of the constitution 
of the State may be found the following provision for the 
establishment of libraries: 

The legislature shall also provide for the establishment of 

at least one library in each township and city; 

"o^ and all fines assessed and collected in the several 

ESTABLISHED. , . -. , , j. ^i 

counties and townships for any breach of the 
penal laws shall be exclusively applied to the support of such 
libraries, unless otherwise ordered by the township board of 
any township, or the board of education of any city: Pro- 
vided, That in no case shall such fines be used for other than 
library or school purposes." 

To carry into effect the above requirement, the legislature 
has from time to time enacted certain laws providing not 
only for libraries in townships, but in school districts. 

TOWNSHIP LIBRARIES. 

The law contemplates that a library shall be maintained 
in every organized township. The library is the property of 
the township, and all actions relating to township libraries 
are brought in the name of the township (4752). All persons 
who reside within the township have an equal right to the 



84 SCHOOL LAW 

privileges of the library, excepting those who reside in dis- 
tricts that maintain a district library (4753). 
The care of the township library is entrusted to the town- 
ship board of school inspectors. The inspectors 
TOWNSHIP are held accountable for the proper care and 
preservation of said library, prescribe rules and 
regulations concerning the same, may appoint a librarian 
whose term of office is one year, assess and collect fines for 
loss or injury of books, keep the books at some central or 
eligible place, and make annual reports to the superintendent 
of public instruction, giving such facts and statistics as said 
superintendent may require. 

DISTRICT LIBRARIES. 

Any school district, by a two-thirds vote at any annual 
meeting, may establish a district library. Such districts 
are entitled to an equitable proportion of the books from the 
township library, and also to a proportionate share of the 
library money of the township (4757). 

District boards have charge of district libraries, and are 
cARc'op subject to the same rules and regulations as to 

DISTRICT care of the library as are the township inspectors 

LIBRARY. (4758). 

ANNUAL ADDITION TO LIBRARIES. 

The annual report of the superintendent of public instruc- 
tion is furnished to every township and district library. 

LIBRARY FUNDS. 

The clear proceeds of all fines for any breach of the penal 
WHAT ARE laws of thls State and for penalties, or upon any 
LIBRARY recognizance in criminal proceedings, and all 

equivalents for exemption from military duty, 
when collected in any county and paid into the county treas- 
ury, together with all moneys heretofore collected and paid 



OF MICHIGAN. 85 

into said treasury on account of such fines or equivalents, 
which are not already apportioned, shall be apportioned by 
the county treasurer among- the several townships in the 
county before the first day of June in each year, according 
to the number of children therein between the ages of five 
and twenty years, as shown by the statement of the superin- 
tendent of public instruction; and this money shall be exclu- 
sively applied to the support of the township and district 
libraries, and to no other purpose (4760). 
The qualified voters of each township have power, at any 

annual township meeting, to vote a tax for the 
^°t'ax support of township libraries; and the qualified 

voters of any school district, in which a district 
library has been established, have power at any annual 
meeting of such district, to vote a district tax for the support 
of the district library. When any tax for libraries has been 
voted, it is reported to the supervisor, levied, and collected 
in the same manner as other township and school district 
taxes (4763). 
The superintendent of public instruction annually, and 

previous to the tenth day of May, transmits to 
APPORTION- the clerk of each county a statement of the 
*^^''"''" townships in his county that are entitled to re- 

ceive library moneys, giving the number of children in each 
of such townships between the ages of five and twenty years, 
as appears from the reports of the boards of school inspectors 
for the school year last ending; the clerk files such state- 
ment in his office, and furnishes a copy of the same to the 
county treasurer (4761). The statements also indicate the 
various districts of the townships that are entitled to receive 
a portion of the moneys apportioned to the townships. 
In case the board of school inspectors of any township, or 

district board of any school district, fails to 
FORFeiTURE. make the required report, or in case it appears 

from the reports so made that any township or 



86 SCHOOL LAW 

district has failed to use the library money in strict accord- 
ance with the law, such township or district forfeits its share 
of the library moneys that are apportioned, and the same 
shall be apportioned to the several other townships and dis- 
tricts in the county. The constitution has provided that 
library moneys may be used for general school purposes, if 
the township board shall so determine (Art. XI, Section 12). 

Board of Library Commissioners, 

The legislature of 1899 (Act 115) provided a board of library 
commissioners of four persons, appointed by the Governor, to 
act with the State Librarian. The members of the board 
serve for four years. They serve without pay except that 
one of their number may be secretary and receive a salary 
not exceeding $300.00 per year. They are also -given an 
allowance limited to $500.00 per year for supplies and inci- 
dental expenses. They give advice and counsel to all free 
libraries of the state as to the best method of establishing 
libraries, selecting books, etc. They must report annually 
to the Governor, and all free libraries organized under the 
laws of the state must report to the library commissioners. 
Act 199, 1903 makes it the duty of the county commissioner 
of schools to make a complete report of all libraries (other 
than personal) within his county. 



OF MICHIGAN. 



87 



CHAPTER IZ. 

SCHOOL REVENUES. 

The moneys used for the support of the common schools 
are : 

1. The interest from the primary interest fund, 

2. The one-mill tax. 

3. District school taxes. 

4. Unappropriated dog tax. 

5. Library moneys.* 

6. Tuition of non-resident pupils. 

Primary School Fund, 

The establishment of this fund has been referred to in the 

first chapter of this book, and we give in this chapter a few 

facts concerning its distribution. 

The fund is divided among the school districts of the State 

in proportion to the number of school children 

HOW DIVIDED, in each. Statements showing the number of 

school children in each county, township, and 

district of the State are sent by the superintendent of public 

instruction to the several county clerks, between the first 

and tenth days of May and November of each year. 

The money is transferred by the State treasurer to the 

county treasurer, by him to the township or 

HOW TRANS- citv treasurer, who, in turn, transmits it to the 

FERRED. "^ til 

treasurer of the district (4642). 
Primary money can be used for no other purpose than the 

* Note.— This fund has been fully discussed in Chapter VILL 



88 SCHOOL LAW 

payment of the wages of legally qualified teachers 
HOW USED. (4676), and only by districts in which five months 

of school were maintained during the school 
year ending the first of September just preceding. 

One-Mill Tax. 

The supervisor assesses upon the taxable property of his 
township one mill upon each dollar of valuation, 
"°^ and reports the aggregate valuation of each dis- 

trict to the township clerk, who reports said 
amount to the director of each school district in his township, 
or to the director of any fractional school district a portion 
of which may be located in the township, before the first 
day of September of each year; and all moneys so raised are 
apportioned by the township clerk to the district in which it 
was raised. 

All money collected by virtue of this law during the year 

p^^ on any property not included in any organized 

UNORGANIZED dlstrlct, Or in districts not having, during the 

previous school year, three months' school in 

districts of less than thirty children, or five months' school in 

districts of thirty and less than eight hundred children, or 

nine months' school in districts of eight hundred or more 

children, as shown by the last school census, is apportioned 

to the several other school districts of said township, in the 

same manner as the primary school interest fund. All 

moneys accruing from the one-mill tax in any township, 

before any district shall have a legal school therein, belongs 

to the districts in which it was raised, when they shall 

severally have had a three months' school by a qualified 

teacher (4705). 

The voters of the district have authority to appropriate 

any surplus moneys arising from the one-mill 

MONEYS?! *^'^' ^^^^^ having maintained a school in the 

district at least eight months in the school year, 



OF MICHIGAN. 89 

for the purpose of purchasing- and enlarging school sites, or 
for building or repairing school houses, or for purchasing 
books for library, globes, maps, and other school apparatus, 
or for any incidental expenses of the school (5052). 

District Taxes. 

These are moneys which are voted by the qualified voters 
of the district for general school purposes. The student is 
referred to that part of this book which relates to the powers 
of voters at district meetings for information concerning the 
raising of money by vote of the district. 

After a tax has been voted, it is the duty of the supervisor 
to assess the taxes chargeable against each 
uected''* district, upon the taxable property of the dis- 
trict, and to place the same on the township 
assessment roll in the column for school taxes; and the 
same is collected and returned by the township treasurer 
in the same manner as township taxes. If any taxes 
provided for by law for school purposes are not assessed at 
the proper time, the same are assessed in the succeeding 
year (4665). 

Surplus Dog Tax. 

The statutes provide for an annual tax of one dollar upon 
every male dog and of three dollars upon every female dog. 
The money thus obtained constitutes a fund for the payment 
of damages sustained by owners of sheep, by reason of having 
sheep killed or injured by dogs. 

If money remains of such fund (after satisfactory payment 
of all claims aforesaid in any one year) over and 
APPORTION- above the sum of one hundred dollars, it is ap- 
portioned among the several school districts of 
such township or city, in proportion to the number of chil- 
dren therein of school age. The apportionment must be 



90 SCHOOL LAW 

based upon the whole number of children of school age resid- 
ing- in the township and must include all districts, whether 
lying wholly or partly in such township. In case of a frac- 
tional district in which the school-house is situated in a 
different township, the money belonging to such district 
must be paid over to the treasurer of the township in which 
the school-house is situated, and by that treasurer paid to 
the district in the same way as in the case of the one-mill 
and other taxes (5601). 

Tuition. 

All persons above five years of age who are residents of 
any school district have an equal right to attend 
RESIDENT any public school in the district. No separate 
school can be maintained at public expense for 
any person on account of race and color (4683). Persons who 
are more than twenty years of age are not barred from the 
privileges of school, and no tuition should be charged to 
such persons. Resident pupils should have an equal right to 
all the benefits of the school, and should be allowed to study 
any branch in any grade to which they belong, without pay- 
ing tuition (Att'y Gen'l, November 17, 1891). 
The board of education has authority to determine the 
gradation and classification of pupils, and may 

CLASSIFI- *= s:- f T J 

CATION OF prescribe the particular department or building 
PUPILS. where certain pupils shall attend. 

The district board may admit non-resident pupils, and 
shall determine the rate of tuition of the same, 
NON-RESIDENT which tuitlou shall not exceed fifteen per cent 
PUPILS. more than the average cost per capita for resi- 

dent pupils (4684). It is sometimes supposed that the voters 
of the district meeting have power to exclude non-resident 
pupils, but this power rests entirely with the school board. 



OF MICHIGAN. 91 

Non-residents who pay a school tax in a district are 

entitled to have the amount of such tax credited 

»fv 'rfv^i"**^ ^^ their tuition and are required to pay tuition 

TAX" r#\T tnSa 

only when the amount of such tuition exceeds 
the school tax. 
The rate of tuition to be charg'ed foreign pupils must be 

fixed by a resolution of the board, which must 
RATE OF "be duly entered in the record of the district. 

TUITION. " 

Charges for tuition can not be collected in the 
absence of any resolution fixing the rate (25 Mich., 483). 
Where a party resides in one district and rents a farm in 
another, he is not entitled to send his children 
RENTERS iQ tj^e district school in which he rents the farm 
OF FARMS. (^^^jy Gen'l, Sept. 16, 1893). 
Children in alms houses at county expense must be admit- 
ted to the schools of the district, the county 

NDIGENT ' 

CHILDREN. paying the tuition (4686). 
Under the various provisions of the school law, the author- 
ity of a district to vote a tax upon its inhabitants 
LIMITATIONS jg carefully limited : and there is no law author- 

OF AUTHORITY. . "^ . 

izmg a district to assess a tax to educate its 
children outside of the district (Att'y Gen'l, Oct. 16, 1891). 



92 SCHOOL LAW 



CHAPTER X. 

MISCELLANEOUS PROVISIONS. 

Introduction of the Kindergarten. 

lu addition to the duties imposed by law upon district 
boards in this State, they are also empowered to provide 
suitable rooms or apartments for kindergarten work, and to 
supply their districts with the necessary apparatus and 
appliances for the instruction of children in what is known 
as the kindergarten method. 
In the employment of teachers it is competent for district 
boards to require qualifications for instruction 
COMPETENT Qf children in kindergarten methods. They may 
provide by contract with teachers for such in- 
struction, specifying the hours and times therefor under 
such rules as the district board may prescribe. 
All children residing within the district between the ages 
of four and seven are entitled to instruction in 

WHO ARE EN> 

TITLED TO ITS thc kindcrgartcu department. This act is ap- 
pRiviLEGEs. pijcable to every public school organized by 
special act or by charter (4792 to 4796). 

Necessary Appe7idages. 

The director of the district is authorized by law to provide 

necessary appendages for the school house and 

AUTHORITY ^,0 kccp thc Same in good condition and repair 

OF DIRECTOR. r- to c 

during the time of school (4686). In this duty 
the director is independent of the vote of the district meet- 
ing, yet there has been much controversy as to where the 



OF MICHIGAN. 93 

authority of the director ends, or what he may purchase 
without the consent of the district. 
To settle this question so far as a few of the more needful 
pieces of apparatus are concerned, the legisla- 
NECEssARY turc of 1895 made an amendment to the section 
APPENDAGES, g^y^^yg referred to. It reads as follows : Neces- 
sary appendages, within the meaning of the law, shall consist 
of the following articles, to wit : A set of wall maps {tXia 
grand divisions, the United States, and Michigan) not 
exceeding twelve dollars in price ; a globe not exceeding 
eight dollars ; a dictionary not exceeding ten dollars ; a 
reading chart not exceeding five dollars, and a case for 
library books not exceeding ten dollars ; also looking-glass, 
comb, towel, water-pail, cup, ash-pail, poker, stove, shovel, 
broom, dustpan, duster, wash-basin and soap (4686). It must 
not be supposed that only the articles mentioned in the law 
should be considered as necessary apparatus such as the 
director has the right to purchase. Numerous decisions 
have been filed which show that directors have power to 
provide other useful appliances without obtaining authority 
from the district meeting. 

* The word "appendage" as used in our school statutes, 
does not mean simply the school apparatus used inside the 
building, nor is it limited to such articles as brooms, pails 
cups, etc.; but it must be construed in a broader sense, to 
include fuel, fences, and necessary out-houses (62 Mich., 101). 
Desks are necessary appliances (48 Mich., 404; Attorney 
General, July 31, 1877). 

United States Flag. 

While a flag for a school house may be considered as a 

necessary appendage" within the meaning of the school 

law, we give under separate heading the whole of Act No. 56 

* Note.— For decisions relative to the purchase of charts by the 
director, see 36 Mich., 404, and 94 Mich., 262, 



94 SCHOOL LAW 

of the Laws of 1895, the passage of which was advocated by 
the members of the Grand Army of the Republic of the 
State : 

An act to provide for the purchase and display of United 
States flags in connection with the public school buildings 
within this State: 

Section 1. The People of the State of Michigan enact, 
That the board of education or the board of school trustees 
in the several cities, townships, villages, and school districts 
of this State shall purchase a United States flag, of a size not 
less than four feet two inches by eight feet, and made of good 
flag bunting "A, " flag staff, and the necessary appliances 
therefor, and shall display said flag upon or near (or in a 
conspicuous place within) the public school building during 
school hours, and at such other times as to the said boards 
may seem proper; and that the necessary funds to defray the 
expenses to be incurred herein shall be assessed and collected 
in the same manner as moneys for public school purposes are 
assessed and collected by law. And the penalties for neglect 
of duty provided in section two, chapter fourteen [thirteen] 
of the general school laws shall apply to any school officer 
refusing to comply with the provisions of this act (4802). 

School Census. 

The school age in Michigan is from five to twenty years and 
the age of compulsory education from eight to , 
WHEN TAKEN, fourtceu, except lu cltlcs uuder pollce regulatlou, 
where the compulsory age is from seven to six- 
teen. It is the duty of the director, or such other person as 
the board may appoint, to take a census of the district during 
the fifteen days just previous to the first Monday of Septem- 
ber in each year (4687). This is one of the important duties of 
school officers, and it is essential that the census be taken in 
all districts of the State at the same time (4659). From the 
census reports of September is made the distribution of 



OP MICHIGAN. 95 

primary school moneys in May and November of the next 
year. 
Children in almshouses, prisons, or asylums are not in- 
cluded in the census; nor are Indian children, 
THOSE unless their parents are liable to pay taxes in 

EXCLUDED. ^ ^ •' 

the district. 
The correctness of the census must be verified by the oath 
or affirmation of the person taking the same, and 
a copy sent to the superintendent of public in- 
struction. 



MUST BE 
VERIFIED 



Penalties and Forfeitures. 

The law is very explicit in stating- the powers and duties of 
all individuals connected with our school affairs, and is 
equally explicit in regard to the treatment of any one who 
seems regardless of the welfare of our schools. Below is a 
list of the various penalties and forfeitures:* 

DISTURBING A DISTRICT MEETING. 

If at a district meeting any person shall conduct himself in 
a disorderly manner and, after notice from the person presid- 
ing, shall persist therein, the chairman may order him to 
withdraw and , if he refuses, may order any constable or other 
person to take him into custody until the meeting adjourns; 
and any person who refuses to withdraw on being so ordered, 
and also any person who wilfully disturbs such meeting by 
rude and indecent behavior, or by profane or in- 
REFusAL TO dcccnt dlscourse or any other disturbance, shall, 

WITHDRAV^*. 

on conviction thereof, be punished by a fine not 
less than two nor more than fifty dollars, or by imprisonment 
in the county jail not exceeding thirty days. Any justice of 
the peace, recorder, or police justice of the township, ward. 



* NoTB.— For penalty on parents or guardians, see Chapter vn, on 
compiilsory attendance. 



96 SCHOOL LAW 

or city where such offense shall be committed shall have 
jurisdiction to try and determine the same (4664). 

DISTURBING A SCHOOL. 

Any person who disturbs school by rude and indecent be- 
havior, or by profane or indecent discourse or any other dis- 
turbance, shall, on conviction thereof, be punished by a fine 
not less than two nor more than fifty dollars, or by imprison- 
ment in the county jail not exceeding thirty days (4682). 

NEGLIGENT OFFICIALS. 

Any taxable inhabitant of a newly formed district receiv- 
ing the notice of the first meeting, who neglects 
TAXABLE Qj. refuses to serve and return such notice, and 

INHABITANT. ' 

every chairman of the first district meeting, who 

wilfully neglects or refuses to perform the duties enjoined 

on him, shall respectively forfeit the sum of five dollars 

(4765). 

Any person duly elected to the office of moderator, director, 

assessor, or trustee of a school district, who neg- 
DisTRicT lects or refuses without sufficient cause to accept 

OFFICER. ^ 

and serve, or who, having entered upon the 

duties of his office, neglects or refuses to perform any duty 

required of him by virtue of his office, shall forfeit the sum 

of ten dollars (4766). 

Any person duly elected or appointed a school inspector, 

who neglects or refuses without sufficient cause 
INSPECTOR. to qualify and serve, or who, having entered 

upon the duties of his office, neglects or refuses 
to perform any duty required of him by virtue of his office, 
shall forfeit the sum of ten dollars (4767). 
If any board of school inspectors neglect or refuse to make 

and deliver to the township clerk the annual 
msPECTORs J'^POi't, within the limited time, they shall be 

liable to pay the full amount of money lost by 
their failure, with interest thereon, tQ be recovered by the 



OF MICHIGAN. 97 

township treasurer in the name of the township; and if any 
township clerk neglects or refuses to transmit the report 
herein mentioned within the limited time, he shall be liable 
to pay the full amount lost by such neglect or refusal, with 
interest thereon (4768). 

Any county clerk who neglects or refuses to transmit to 

the superintendent of public instruction the re- 

cle?k7 quired reports, within the limited time, shall be 

liable to pay to each township the full amount 

which such township or school district shall lose by such 

neglect or refusal, with interest thereon (4769). 

Any township clerk who neglects or refuses to certify to 
TOWNSHIP *^® supervisor any school district taxes that have 
CLERK AND bccn rcportcd to him, and any supervisor wil- 
fully neglecting to assess any such tax, shall be 
liable to any district for any damage occasioned thereby, to 
be recovered by the treasurer in the name of the district 
(4771). 

No school officer, superintendent, or teacher shall act as 
agent for any author, publisher, or seller of 
OFFICERS AND school books, or shall directly or indirectly re- 
HERs. ceive any gift or reward for his influence in rec- 
ommending the purchase or use of any library or school 
apparatus or furniture; nor shall any school officer be person- 
ally interested in any way whatever in any contract with the 
district in which he may hold office. Any act or neglect 
herein prohibited, performed by any such officer, superin- 
tendent, or teacher, shall be deemed a misdemeanor (4772). 

Any person intentionally giving to any census enumerator 
of school children any false information as to the names or 
ages of school children, or as to the names or residence of 
the parents or guardian of any school children, or any 
enumerator who shall perform his duties carelessly or neg- 
ligently, shall be gmlty of a misdemeanor, and upon conviction 
thereof, be liable to a fine of not more than five dollars or to 
7 



98 SCHOOL LAW 

imprisonment in the county jail for not more than five days, 
in the discretion of the court (4688). 

Any board of education of a graded school district in which 
there is published a newspaper, that shall neglect or refuse 
to publish a financial statement of the receipts and expendi- 
tures of the district for the year just preceding the third 
Monday of September, each member shall forfeit the sum of 
ten -dollars (4801). 

Safe Keeping of Public Moneys. 

All moneys which come into the hands of any school offi- 
cer, pursuant to any provisions of law authoriz- 
puBLic ing such officer to receive the same, are denom- 

MONEYs. inated public moneys (1197 to 1204). 

It is the duty of every officer charged with the receiving, 
keeping, or disbursing of public moneys, to keep 
HOW KEPT. the same separate and apart from his own money, 
and not to commingle the same with his own 
money nor with any other money. 
No such officer shall, under any pretext, use or allow to be 
used, any such moneys for any purpose other 
HOW USED. than in accordance with the provisions of law ; 
nor shall he use the same for his own private 
use, nor loan the same without legal authority. 
In all cases where public moneys are authorized to be 
deposited in any bank or to be loaned for inter- 
iNTEREST ggt t,he interest accruing belongs to and consti- 

ACCRUING. ° ° 

tutes a general fund. 

In no case shall any such officer, directly or indirectly, 
DEPOSIT OF I'eceive any pecuniary or valuable consideration 
PUBLIC as an inducement for the deposit of any public 

MONEYS. moneys with any particular bank, person, firm, 

or corporation. 

These provisions apply to all deputies, clerks, agents and 



' OF MICHIGAN, 1)9 

servants of such officers, and any person guilty 
PENALTY FOR of a violatiou of this law shall, on conviction 

VIOLATION. ' 

thereof, be punished by a fine not exceeding- one 
thousand dollars or imprisonment in the county jail not 
exceeding six months, or both such fine and imprisonment, 
in the discretion of the court : Pr(yvided, That nothing in 
this act contained shall prevent a prosecution under the 
general statute for embezzlement, in cases where the facts 
warrant a prosecution under such general statute. 
Any officer who wilfully or corruptly draws or issues any 

warrant, order, or certificate for the payment of 
MONEY money in excess of the amount authorized by 

ORDERS. ' "^ 

law, or for a purpose not authorized by law, shall 
be deemed guilty of a misdemeanor and may be punished as 
stated above. 

Indeltedness and Expenses. 

By wise provisions of law the expenses of districts for pur- 
chasing property, building houses, and maintaining schools 
is carefully restricted, so that districts may not become un- 
duly burdened. 

BONDED INDEBTEDNESS. 

Any school district may, by a two- thirds vote of the quali- 
fied electors present at any annual meeting or a special 
meeting called for that purpose, borrow money, and may 
issue bonds of the district to pay for a school-house site or 
sites, and to erect and furnish school buildings. 

Districts having less than thirty children may have an in- 
debtedness not to exceed three hundred dollars ; 
AMOUNT. districts having thirty children, five hundred 

dollars ; districts having forty children, seven 
hundred and fifty dollars ;* districts having fifty children, 

* Amended by Act No. 190, Laws of 1899. 



100 SCHOOL LAW 

one thousand dollars ; districts having seventy-five children, 
two thousand dollars ; districts having one hundred children, 
three thousand dollars ; districts having one hundred 
twenty-five children and an assessed valuation of not less 
than one hundred fifty thousand dollars, five thousand 
dollars ; districts having two hundred children, eight thou- 
sand dollars; districts having three hundred children, 
fifteen thousand dollars ; districts having four hundred 
children, twenty thousand dollars ; districts having five 
hundred children, twenty-five thousand dollars ; and dis- 
tricts having eight hundred children or more, thirty thou- 
sand dollars (4717). 
All children mentioned in this section must be of legal 
school age, and the indebtedness of a district 
TIME LIMIT, shall in no case extend beyond ten years for 
money borrowed. 
In all proceedings under this section, the director, treas- 
urer, and one other person appointed by the dis- 
voTE BY trict board constitute a board of inspection, who 

BALLOT. 

shall cause a poll-list to be kept and a suitable bal- 
lot-box to be used, which shall be kept open two hours. The 
vote must be by ballot and canvassed in the same manner as 
votes at township elections. 

TAXATION. 

One of the powers of the district meeting is the voting of 
taxes for the building of school houses and the 

AMOUNT FOR , , , rr^, 

PURCHASING running expenses of school. The amount of 
OR BUILDING, ^g^^es to bc ralscd in any district for the purpose 
of purchasing or building a school house or houses in the 
same year that any bonded indebtedness is incurred shall 
not exceed in districts containing less than ten children of 
school age, two hundred fifty dollars ; in districts hav- 
ing between ten and thirty children, five hundred dollars: 
and in districts having between thirty and fifty children, one 



OF MICHIGAN. 101 

thousand dollars. The requirement that a legal subdivision 
of land shall be within two and one-half miles of the school 
site to be taxable is repealed. Act 10, 1903. 
The tax authorized to be raised for general school ex- 
penses must not exceed one-half the amount 

FOR GENERAL 

SCHOOL PUR- authorized to be raised for building. In the es- 
posEs. timates made by district boards of districts have 

ing less than thirty pupils, such estimate, including the 
district's share of the primary school interest fund and one- 
mill tax, shall not exceed the sum of fifty dollars a month 
for the period during which school is held in such district. 
In township districts the amount voted for purchasing school 
lots and for erecting school houses, shall not be greater than 
three mills on the dollar of all the taxable valuation of the 
real and personal property in said township (4831). 

Suits and Judgments Against Districts. 

Justices of the peace have jurisdiction in cases against 
school districts, when the amount claimed or 
JURISDICTION, matter in controversy does not exceed one hun- 
dred dollars (4721). 
When any suit is bought against a school district, it must 
be commenced by summons, a copy of which 
HOW COM- shall be left with the treasurer of the district at 

MENCED. 

least eight days before the return day (4722). 

No execution shall issue on any judgment against a school 

district, nor shall any suit be brought thereon ; 

NO EXECUTION, but the same shall be collected in the manner 

prescribed in this act (4723) . 

Whenever any final judgment shall be obtained against a 

school district, the treasurer of the district shall 

FINAL juoa- certify to the supervisor of the township and to 

the director of the district, the date and amount 



102 SCHOOL LAW 

of such judgment, with the name of the person in whose 
favor the same was rendered (4724). 

If the assessor fails to certify the judgment, it is lawful for 

the party obtaining the same to file with the su- 

cERTiFY juoG- pervlsor the certificate of the justice or clerk of 

*^^^'^' the court rendering the judgment showing the 

facts which should have been certified by the treasurer (4725). 

The supervisor receiving either of the certificates of a 

judgment, shall proceed to assess upon the tax- 

AssEssMENT ^\)Iq propcrtv of the district, the amount with 

OF AMOUNT. „ , -, ,. ■, . 1 

interest from the date of the judgment to the 
time when the warrant for the collection will expire, placing 
the same on the next township assessment roll in the column 
for school taxes ; and the same proceedings shall be had, and 
the same shall be collected and returned, in the same man- 
ner as other district taxes (4726). 

School House Sites, 

The qualified voters of any school district, when lawfully 

assembled, may designate by a vote of two-thirds 

LOCATION Qf those present such number of sites as may be 

OF SITE. ^ '' 

desired for school houses, and may change the 
same by a similar vote at any annual meeting. When no 
site can be established by such inhabitants, the school in- 
spectors of the township or townships in which the district is 
situated determine where such site shall be; and their deter- 
mination shall be certified to the director of the district and 
shall be final, subject to alteration afterward by the inspect- 
ors, on the written request of two- thirds of the qualified 
voters of the district, or by two-thirds of the qualified voters 
agreeing upon a site, at a district meeting lawfully called 
(4732). 

Whenever a site for a school house shall be designated, de- 
AMouNT TO termined, or established in any manner provided 
BE PAID. by lay^Tj and such district shall be unable to agree 



OF MICHIGAN. 103 

with the owner or owners upon the compensation to be 
paid, or in case such district shall, by reason of any 
imperfection in the title to said site, arising either from 
break in the chain of title, tax sale, mortgages, levies, or 
any other cause, be unable to procure a perfect, unincumbered 
title, the district board of such district shall authorize one 
or more of its members to apply to the circuit judge, circuit 
court commissioner, or any justice of the peace of the city or 
township in which such school district is situated, for a jury 
to ascertain and determine the just compensation to be made 
for the real estate required by such school district for such 
site. The application must be in writing, state the necessity 
for using the same for school purposes, and describe the real 
estate in question (4729). 

Suspension of Pupils. 

District boards have authority to make and enforce suitable 
rules for the government and management of 

POWER 

VESTED IN schools and the care of district property. Just 
^o**"*- what shall be considered suitable rules must 

necessarily be left to the discretion of the board. Said board 
may authorize or order the suspension or expulsion from the 
school, whenever in its judgment the interests of the school 
demand it, of any pupil guilty of gross misdemeanor or per- 
sistent disobedience (4682) 
It will be observed that the power to suspend pupils, if 
possessed by the teacher, must be delegated to 

POWER MAY c tj J o 

BE DELEGATED him by thc board. It sometimes occurs that 
TO TEACHER, tg^chers feel obliged to suspend a pupil before 
the board can be advised with. Such suspension should be 
for the day only (45 Wis., 150; 32 Vt., 224; 48 Cal., 36; 133 
Mass., 103). Some courts have held that, in extraordinary 
cases, a teacher may expel a pupil in order to maintain 
proper control; and that,in case the board reinstates the pupil 
who becomes a menace to the proper discipline of the school, 



104 SCHOOL LAW 

the teacher may quit the school and maintain an action for 

the amount of his wages (46 Vt., 452; 27 Vt., 755). Generally, 

the power to suspend rests with the board alone. 

The rules of the board should not be unjust and require 

more than can legally be enforced. Suspension 

RULES MUST o •/ i. 

BE REASON- should bc thc last resort. A pupil cannot be 
'^^*-^' expelled or suspended for a careless act, no 

matter how negligent, if it is not wilful or malicious (77 
Mich., 605). 

MetJiod of Voting. 

The method of voting at district meetings, as well as the 
majority required, depends upon the question under dis- 
cussion. Though referred to in Chapter IV, we herewith 
append a summary as follows : 

VOTING BY BALLOT. 

Q^his is necessary in the following cases : 

1. To elect all school officers (4666, 4746). 

2. To bond the district (4717). 

A TWO-THIRDS VOTE.* 

At district meetings this is requisite, as follows: 

1. To authorize the district board to use money for any 
other purpose than that for which it was raised (4676). 

2. To raise money by issuing bonds (4717). 

3. To designate sites for school houses (4728). 

4. To request inspectors to alter location of school site 
(4728). 

5. To organize as a graded school district (4746). 

6. To unite two districts into one graded district (4750) . 

7. To change from graded district to primary district 
(4750). 

* Note.— A measure requiring a two-thirds vote of a district meeting 
cannot after adoption be rescinded by a mere majority vote. (10 N. 
W. 349. See 47 Mich. 226). 



OF MICHIGAN. 105 

S. To establish a district library (4757). 

Course of Study. 

The arrangement of a course of study for the schools of the 
district is within the iurisdiction of the school 

STUDIES NOT •• 

SPECIFIED board. The law is not very explicit as to what 
BY LAW. studies shall be included in established courses. 

The free text-book law and the law creating the office of 
commissioner of schools and defining his duties contain a 
mention of certain branches of study; and the law for the 
establishment of graded schools provides for high schools; 
but district boards must decide what branches shall be 
pursued in the schools of their districts. Having fixed a 
course of study, the board may require teachers and pupils 
to follow the same within reasonable limits. Music may be 
included in the adopted course of study of a 
iwtusic MAY public school, and necessary apparatus for teach- 

BE INCLUDED. ^ ' '^ ^^ 

ing music may be purchased without a vote of 
the district (67 Mich. 262). Sectarian instruction is abolished 

from all public schools (4676); and, while the 
READING reading of the Bible may properly become a part 

of the daily program of the public school, the 
comment thereon by the teacher should be of such a char- 
acter that pupils and parents of all religious faiths may not 
detect the slightest traces of sectarian prejudice. (35 Wis., 
59; 79 111., 567; 87 111., 303; 38 Me., 379; 95 111., 263; 23 Ohio, 
211.) 

Transportation of Fupils, 

A school district which maintains a school during five 
months of the year, having children residents who have com- 
pleted the studies of the eighth grade, may at any annual 
meeting vote a tax sufficient to pay the tuition and trans- 
portation of children to any high school which the school 
board may designate. 

The tax is reported to the clerk of the township, in which 
such district is located and spread upon the tax roll in the 
same manner as other school taxes. Act 190, 1903. 



106 SCHOOL LAW 



APPENDIX. 



MISCELLANEOUS LAWS RELATING TO SCHOOL 
AFFAIRS-NOT GIVEN ELSEWHERE. 

[Act No. 176, 1899.] 
DAY SCHOOLS FOR DEAF CHILDREN. 

This law provides that any district of the State may, under 
certain conditions, maintain separate schools for deaf chil- 
dren. The conditions are as follows: The superintendent 
of public instruction, upon application of the school author- 
ities, g-rants permission to such school authority to maintain 
a school. The average attendance in such school must be 
at least three pupils. The board maintaining such a school 
must report to the superintendent of public instruction 
annually such facts as he may require. The State treasurer 
is authorized to pay out of the general fund to the school 
board maintaining a school for deaf children one hundred 
fifty dollars for each deaf pupil instructed for a period 
of nine months, or a proportioned sum for a shorter period. 
The money received from the State treasurer must be kept 
as a separate fund and used for no other purpose than the 
payment of salaries of teachers of deaf children and for 
school appliances. Sums not expended as above must be 
returned to the State treasurer and by him credited to the 
primary school interest fund. Teachers having had special 
training for teaching deaf children must be employed, and 
in addition to this one year's experience as teacher in a 
school for the deaf. The so-called oral-system must be 



OF MICHIGAN. 107 

taught, and nine months considered a reasonable time for 
trial for a pupil to show an ability to learn. Any child of 
sound mind but who by reason of defective hearing cannot 
profitably be taught in the public schools may be considered 
deaf. 

County Normal Training Glasses. 

[Act No. 241, 1903.] 

Superintendent of Public Instruction may authorize the 
establishment of County Normal Training Classes under the 
provisions of Act No. 241, Laws of 1903. The first step lead- 
ing to the establishment of such Training Class is a vote of 
a School District and the Board of Supervisors of the 
County. Only one Training Class can be established in 
any County, and not more than ten such classes can be 
established in the State during any one year. 

The County Normal Board consists of the State Superin- 
tendent of Public Instruction, the County Com- 
couNTY NOR- missiouer of Schools and the Superintendent 

MAL BOARD. ^ 

of Schools m the district. There is a provision 
that in case the County Commissioner of Schools is also 
Superintendent of the schools of the district, the Superin- 
tendent of Public Instruction and Commissioner shall select 
a third member. 
Duties of the County Normal Board are as follows: 
First, To determine the qualifications for admission of 
students; 
Second, To establish courses of study, which courses shall 
not be more than two, a one year course and a 
DUTIES OF two year course: a year to consist of not less 

NORMAL BOARD. '' 'J 

than thirty-two weeks of five days each; 
Third, To grant certificates of graduation to students who 



108 SCHOOL LAW 

finish either course, in such form as the Superintendent 
shall prescribe. These certificates are valid in rural schools 
and in grades only of graded schools. They may be transi 
ferred from one county to another and are renewable. 
The expense of Normal Training Schools is provided for 
as follows: The district receiving permission to 
EXPENSE OF establish school, provides teachers, and rooms 

CO. NORMAL. ' ^ ' 

with heating and satisfactory equipments. The 
amount to be paid by the state in any one year is limited to 
$250.00 for each teacher employed in the school, paid on the 
warrant of the Auditor General on the State Treasurer in 
favor of the Treasurer of the district where school is located. 
The law provides that the amount of state aid in any school 
year for a single district maintaining a Normal Training 
Class shall not exceed $1,000. The county may also assist 
in the support of the school, which assistance is given by an 
appropriation by the Board of Supervisors at its October 
session but the amount thus appropriated cannot exceed one- 
half of the amount appropriated by the state for the same 
school. The money so raised is called the County Normal 
Fund. All money remaining in the County Normal fund 
upon the first of September of each year is returned to the 
general fund of the county. The law provides that the 
appropriation of the expenses of Normal Training School 
not paid by the state shall be borne equally between the 
county and the district which establishes the class but this 
appropriation cannot exceed the amount drawn from the 
state. [Act No. 44, 1899.] 



OF MICHIGAN. 109A 

[Act No. 44.] 
PRINTING OF PUBLIC DOCUMENTS. 

Sections eleven, thirty, and thirty-two of this act are of 
interest to school officers and teachers. Section eleven 
refers to the report of the superintendent of public instruc- 
tion, and provides that there shall be printed one copy for 
each school library of the State, one to each superintendent 
of public instruction, State university and State normal 
school in the United States, one for each living- ex-superin- 
tendent and ex-deputy superintendent in this State, one for 
each commissioner and school examiner, each city superin- 
endent of schools and two hundred copies for deposit with 
the secretary of State for future distribution. 

The superintendent of public instruction may in his dis- 
cretion order three hundred copies in addition to the above. 

The report is limited to three hundred pages and the 
amount expended for cuts and illustrations must not exceed 
fifty dollars. Section thirty provides a Legislative Manual 
(Red Book) for each district school, each graded and city 
school, each library other than school library and to each 
county commissioner of schools. 

Section thirty-two makes it the duty of the county com- 
missioners of schools to distribute the Legislative Manual 
to all the schools in their respective counties, and also to 
see that the same are kept for the use of the schools. 

Note.— The State Superintendent of Public Instruction may have 
published for the district schools, a State course of study; for the 
teachers' institutes, institute outline; and such educational bulletins as 
he may deem necessary for the advancement of the cause of education. 
Act 31, 1901. 



OF ^UCHIGAN. 109 



EEVIEW QUESTIONS. 

In answering- some of the following questions the student 
will be obliged to consult Miller's Compiled Laws, Reports 
of the Superintendent of Public Instruction, and the 
Legislative Manual. 

1. By whom are school districts formed and numbered ? 

2. What are specific taxes ? 

3. What is meant by a fractional district ? 

4. How are vacancies in State offices filled ? 

5. How is the primary school fund raised ? 

6. About how much money is apportioned in each year among the 
school districts of the State ? 

7. Should all instruction in our public schools be given in the 
EngUsh language ? 

8. What is done with lands which escheat to the State from a 
defect of heirs ? 

9. How many months of school must be maintained during a school 
year to entitle districts to primary school money ? 

10. How many members compose the board of regents of the State 
university ? 

11. What is the length of a regent's term of office ? 

12. Who is the president of the university ? 

13. Is the president of the university a member of the board of 
regents ? 

14. Of how many members is the State board of education composed ? 

15. What is the length of the term of office of a member of the board 
of education ? 

16. What is the salary of the superintendent of pubUc instruction ? 

17. Of what State boards is the superintendent a member ? 

18. What provision was made in the constitution for the estabhsh- 
ment of an agricultural college ? 

19. Mention some of the duties of the superintendent of pubUc in- 
struction. 



110 SCHOOL LAW 

20. To whom does the law require the printed school laws to be fur- 
nished ? 

21. On what dates is the apportionment of primary school money 
made? 

22. What is the legal school age in the State ? 

23. For what reasons may the State superintendent cause a school 
district to forfeit public money ? 

24. Who makes statements for the distribution of hbrary funds ? 

25. What compensation is allowed to members of the State board of 
education? 

26. Where are the State normal schools located ? 

27. Are State normal school diplomas legal certificates to teach ? 

28. How many State examinations are held in each year ? 

29. How may certificates granted in other States be made valid in 
this State ? 

30. Are holders of diplomas from Michigan colleges legally qualified 
to teach? 

31. How many members in the county board of examiners ? 

32. When is the commissioner chosen and for how long ? 

33. What is the salary of commissioner in the various counties of the 
State? 

34. What amount must be named in the commissioner's bond ? 

35. What is required of a commissioner before he receives an order 
for his salary ? 

36. What qualifications are required of persons who are eligible to 
hold the office of commissioner ? 

37. How are vacancies in the office of commissioner filled ? 

38. How are vacancies in the office of examiner filled ? 

39. Is an examiner authorized by law to grant a special teacher's 
certificate ? 

40. By whom are assistant visitors of schools appointed ? 

41. What compensation do assistant visitors receive ? 

42. Mention six of the principal duties of the commissioner. 

43. Have members of examining boards the legal right to engage in 
summer normal school work ? 

44. How is the commissioner Limited in office expenses ? 

45. Can an examiner be elected by a plurality vote ? 

46. What compensation does an examiner receive ? 

47. Of how many members is the township board of inspectors com- 
posed? 

48. What school offices may be held by women ? 

49. With whom are the triphcate annual reports of the inspectors 
filed? 



OF MICHIGAN. Ill 

50. Mention some of the information that must be contained in the 
inspector's annual reports. 

51. Give some of the school duties of the township clerk. 

52. How is the number of meetings of the board of inspectors 
limited ? 

53. What compensation is allowed to school inspectors ? 

54. What yearly salary does the clerk of the Upper Peninsula town- 
ship district receive ? 

55. What is the maximum size of primary school districts ? 

56. Have the inspectors authority to change the boundaries of a 
school district which has been organized by special legislative enact- 
ment ? 

57. By whom are changes in the boundaries of fractional districts 
made? 

58. When may a school district be said to be legally organized ? 

59. How many days' notice must be given of a meeting to change 
boundaries of a school district ? 

60. How many notices must be posted for change of boundaries ? 

61. How may two or more primary districts be consoUdated ? 

62. How may a district be divided into two or more districts ? 

63. Have the inspectors the right to destroy a district by detaching 
its territory ? 

64. How may a imary district organize into a graded district ? 

65. Under what conditions may inspectors make an alteration in the 
boundaries of a graded district ? 

66. How may two primary districts organize into one graded district ? 

67. May a graded district change to a primary district '? 

68. How many township school districts are there in Michigan ? 

69. How many primary districts ? 

70. How many graded districts ? 

71. In the Upper Peninsula how are township districts organized ? 

72. Of how many members is a township board of education com- 
posed ? 

78. Mention several of the advantages of the township system over 
the district system. 

74. What are some of the reasons why the township should not be 
the unit in school matters. 

75. Has the township system been successfully tried in other States ? 
If so, where ? 

76. Is the township system unpopular in States where it has been 
estabUshed ? If so, in what States ? 

77. What is the date of the annual school meeting ? 

78. When and how are the members of township boards of education 
elected ? 



112 SCHOOL LAW 

79. What is the time of taking the annual census of school children 
in all the districts of the State ? 

80. How may special school meetings be called ? 

81. How many days' notice must be given for all district meetings ? 

82. Has the district board the authority to determine the number of 
months of school to be taught in the district during the year ? 

83. Can a board of supervisors legally appoint one of its own num- 
ber as member of the board of examiners ? 

84. What must be included in all notices of special school meetings ?• 

85. What is the date of the annual school meeting in township dis- 
tricts of the Upper Peninsula ? 

86. Have the voters or the district board the authority to determine 
whether the school shall be taught by a male or a female teacher ? 

87. Have the voters or the district board the authority to determine 
the maximum salary that shall be paid to teachers ? 

88. Have the voters or the district board the authority to admit non- 
resident pupils ? 

89. Who selects school house sites, the school board or the voters ? 

90. What is the highest amount of money for sites or building pur- 
poses that can be raised by taxation in any one year in districts having 
ten children of school age '? Thirty children ? Five hundred children ? 

91. How is the tax for repairs and apparatus limited ? 

92. What is the minimum number of months required to be taught in 
districts having 800 children ? 

93. What is the minimum number of months required in all districts ? 

94. What is the penalty on districts whose ofiBcers do not provide 
for the required number of months of school? 

95. For what purposes may the surplus of the one-mill tax be appro- 
priated ? 

96. Who are legal voters at school meetings ? 

97. In what districts are women barred from voting ? 

98. How many trustees in the district board of graded school dis- 
tricts ? 

99. How many children of school age must a district contain to be 
organized into a graded district ? 

100. How many votes at a district meeting are required to change 
to a graded district ? 

101. How may a person who is not a legally qualified voter in the dis- 
trict be prevented from voting, if he offers to do so ? 

102. If a vote is not taken by ballot, how may voters be challenged? 

103. How may a disorderly person be expelled from a district 
meeting ? 

104. What penalty may be inflicted upon a person for disturblngr a 
district meeting ? 



OF MICHIGAN. 113 

105. What officers are elected at the first school meeting of a newly 
organized school district ? 

106. What is the length of the term of office of school officers? 

107. Are school officers legally elected, if chosen in any other way 
than by ballot ? 

108. Is a pluraUty vote sufficient to elect a school officer? 

109. How may meetings of the district board be caUed ? 

110. What persons are eligible to hold a district office ? 

111. Within what time and in what manner must district officers 
accept their offices ? 

112. State seven ways by which a district office may become 
vacant? 

113. Does the temporary absence of a district officer from a district 
create a vacancy ? 

114. When one of the district offices becomes vacant, how may such 
vacancy be filled ? 

115. When two of the district offices become vacant, how filled ? 

116. How are vacancies filled after an office has been vacant more 
than twenty days? 

117. How long does a person who is elected to fill a vacancy serve ? 

118. How are vacancies in the board of education of graded or 
township districts filled ? 

119. Upon what condition may a district board borrow money? 

120. When must the report of the district board to the township 
clerk be made ? 

121. How is district taxation in districts having less than thirty 
children Umited ? 

122. Who has the authority to admit or exclude public meetings 
from the school house, the school board or the voters ? 

123. Who determines the kind of text-books that shaU be used in 
the district? 

124. How long do text-books once adopted continue to be the legal 
text-books of the district ? 

125. How may indigent children be supplied with text-books? 

126. For what reason may pupils be expelled or suspended from 
school ? 

127. What tuition may be charged to non-resident pupils? 

128. What is the minimum legal size of school flags ? 

129. How are the executive officers of a graded district chosen ? 

130. How are the township district trustees chosen and how long do 
they serve ? 

131. Who acts as president of the township school board ? As clerk? 

132. What bond is required of the treasurer of township school dis- 
tricts ? 

8 



114 SCHOOL LAW 

133. On what dates are the regular meetings of the township school 
board held ? 

134. "Where are such meetings held ? 

135. Mention some of the powers and duties of the ofQcers of town- 
ship districts? 

136. What officer appears for the district in suits brought for or 
against the same ? 

137. "What officer appears for the district in suits brought against 
the assessor? 

138. Mention several of the specific duties of the director of a 
primary school district. Of moderator. Of assessor. 

139. On what dates are the two required regular public examinations 
of teachers held ? 

140. On what dates are the two optional regular examinations held ? 

141. On what dates may extra pubUc examinations be held in certain 
large counties? 

142. "What counties are entitled to three extra examinations. ? Two ? 
One? 

143. What branches of study are required in examinations for first 

grade certificates? Second? Third? State? 

144. By whom must all county certificates be signed ? 

145. Is the holder of a third grade certificate of class B legally 
qualified to teach in pi-imary departments of graded schools? 

146. Is the holder of a third grade certificate of class A legally 
qualified to teach in ordinaliy district schools of eiglit grades? 

147. How is the number of tliird grade certificates of class B limited ? 

148. By whom are questions for teachers' examinations prepared ? 

149. "Who fixes the standai-d of examinations for county certificates ? 
1.50. By whom are special certificates granted ? 

151. For how long are special certificates granted? 

152. "What citizenship qualification is required of teachers? 

153. In your opinion, what constitutes a good moral character in a 
teacher? 

154. Under what conditions may a teacher's certificate be renewed? 

155. "What authority have examining boards for revolung certifi- 
cates ? 

156. Must city teachers be legally qualified ? 

157. "What penalty is inflicted upon districts, if the officers employ 
teachers that are not holders of certificates ? 

158. "What colleges in this state have courses of study which have 
been approved by the state board of education ? 

159. What are the conditions under which the boai'd of education 
grant certificates to college graduates? 



OF MICHIGAN. 116 

160. For how long are college certificates valid ? Do they ever be- 
come hf e certificates ? 

161. Are diplomas granted by the faculty of the university legal 
teachers' certificates ? 

162. How many state examinations are held in each year? What 
branches are required? 

163. For how long are state certificates vaUd ? 

164. Are certificates or diplomas granted in other states valid in this 
state ? 

165. What annual institute fee are teachers required to pay? Are 
any teachers exempt ? Who collects the fee ? 

166. Who has the custody of the county institute fund ? 

167. Who conducts institutes and who appoints institute instructors ? 

168. May two or more counties unite in a teachers' institute ? 

169. How much money may be drawn from the State treasury in any 
one year for the support of teachers' institutes? 

170. What is the largest sum that can be drawn from the State 
treasury for any one institute ? 

171. How may a teachers' association become incorporated ? What 
amount of property may an association hold? 

172. By whom must a teacher's contract be signed ? 

173. Mention some of the things that must be contained in a 
teacher's contract. 

174. With whom must contracts be filed ? 

175. Must teachers make up for time lost in the observance of legal 
holidays ? 

176. What are the legal hohdays in this State ? 

177. When schools are closed by the district board on account of 
the prevalence of a contagious disease, must teachers lose the time ? 

178. Are contracts made previous to the annual school meeting, 
vaUd? 

179. Can school boards legally make contracts two or three years 
in advance? 

180. Must all the officers sign teachers' contracts ? 

181. What is the age of compulsory education in the primary and 
township districts of the State ? 

182. What is the compulsory age in cities under poUce regulation ? 

183. How many months in the year must all pupils between certain 
ages attend school? 

184. What pupils of the compulsory age are exempt from the pro- 
visions of the law for compulsory attendance ? 

185. Who appoints the truant officer and what is the lowest com- 
pensation allowed him by law ? 



116 SCHOOL LAW 

• 186. In cities, who selects the truant officer? 

187. What notice to parents are truant officers required to give ? 

188. What penalty may be inflicted on parents who refuse to send 
their children to school ? 

189. Can parents evade the compulsory law because of being too 
poor to buy text-books ? 

190. In what city school districts may the board establish ungraded 
schools ? 

191. What children are considered as juvenile disorderly persons? 

192. What courts have jurisdiction over truancy ? 

193. Are superintendents required by law to assist the truant officer? 

194. What sentence may be imposed upon juvenile disorderly per- 
sons ? To what State institutions may they be sentenced ? 

195. What officer must be consulted before sentence is passed upon 
a juvenile disorderly person ? 

196. Does the constitution of the State provide for the establish- 
ment of libraries? 

197. Who are entitled to the privileges of the township library? 

198. Who has charge of the township library ? 

199. Who is custodian of the funds belonging to the township library ? 

200. Where must the township library be kept ? 

201. Who appoints the librarian ? 

202. How may a district library be established ? 

203. Who has charge of the district library ? 

204. How are library funds raised ? 

205. Under what conditions may a district or township forfeit library 
money ? 

206. When and by whom is the library apportionment made ? 

207. What amendment was made to the library law by the Legisla- 
ture of 1895? 

208. May library moneys ever be used for other purposes ? 

209. May district officers ever sell the books of the library ? 

210. How many township libraries are there in Michigan ? 

211. How many volumes in township Ubraries? 

212. How many district libraries in Michigan ? 

213. How many volumes in district Ubraries ? 

214. Has your township or district a library ? If so, in what condi- 
tion is it ? 

215. Under our State law, what is meant by free text-books? 

216. When was our free text-book law passed ? 

217. What text-books may be purchased by school officers under the 
provisions of this law? 

218. By what vote of the district meeting may the purchase of free 
text-books be authorized? 



OF MICHIGAN 117 

219. May a district that has once voted to furnish free text-books 
return to the former plan of requiring pupils to furnish their own 
books? 

220. What penalty may be inflicted upon school oflacers who refuse 
to obey the instructions of the district meeting as to the purchase of 
free text-books? 

221. How many districts in Michigan furnish free text-books? 

222. How, in your opinion, should text-books be supplied to pupils? 

223. Do you beheve in State publication of text-books? 

224. What provision is made by law for the teaching of the modes 
by which dangerous diseases are spread? 

225. Who furnishes the printed matter to the schools? 

226. Who is the principal oflQcer of the State board of health? 
Where is his office? 

227. By whom is the State Manual and Course of Study published? 
Have you ever seen a copy of it? 

228. What is done with the surplus of the dog tax fund? 

229. Which section of each township was set apart as a "school" 
section? 

230. What are necessary appendages to a school house? 

231. Which officer is authorized to provide necessary apparatus? 

232. Should a dictionary be considered as a "necessary appendage" 
such as a director may purchase without a vote of the district? 

233. Select from the following list such articles as a director may 
purchase without the consent of the voters of the district meeting: 
Maps, globe, organ, stove, desks, wall pictures, case for library books, 
towels, water-pail, books for library. 

234. Are the following necessary appendages: Line-fence, well, 
out-houses? 



lis 



SCHOOL LAW 



INDKX. 



PAGES. 

Acceptance of office: 

filed with and recorded by 
director .- 42 

neglect to file vacates 

office 42 

Accounts: 

of director. 48 

Action: 

against school district.. .55, 98 

relative to obtaining site. 102 
Adjournment: 

of district meeting 34 

Admission of pupils: 

non-resident 47, 48 

to high school 48 

to kindergarten 92 

Age: 

school 53 

at which education is 

compulsory 72 

Agents for school books: 

officers, superintendents, 
and teachers not to act 

as 20, 97 

Agricultural school: 

to be provided, con. prov., 

art. xiii 9 

Aliens: 

not eligible to office 42 

Alteration: 

in boundaries of districts. 27, 30 
Annual meetings: 

(See District meetings.) 
Annulment of certificates: 

by county board of exam- 
iners - 60 

by faculty of university.. 62 

by Stateboard of education 62 
Appendages to school house: 

to be provided by di- 
rector 52,92 

what are 93 

Appendix 108 



PAGES. 

Appointment: 

of building committee 37 

of commissioner in case 
of vacancy. 18 

of conductor of teachers' 
institute 65 

of deputy supt. of public 
instruction 11 

of deputy made by supt. 
of public instruction, 
may be revoked... 11 

of district officers in case 
of vacancy of trustees.. 43 

of first meeting of disti'ict 25 

of Ubrarian of township 
library... 84 

of member of board of ex- 
aminers in case of va- 
cancy 21 

of person to take school 
census ..53, 94 

of regents in case of va- 
cancy, con. prov., art. xiii 8 

of supt. of public instruc- 
tion in case of vacancy, 
con. prov., art. viii 7 

of truant officer 73 

Apportionment: 

of library moneys 85 

of primary school fund, 

con. prov., art. xiii 7 

to districts by township 

clerk 24 

duty of supt. of public 

instruction 12 

Assessment of taxes: 
(See Taxes.) 

Assessor:* 

acceptance of office 42 

a member of district 

board 41, 47 

*Treasurer. 



OF MICHIGAN. 



119 



PAGES. 

Treasurer — Continued: 

a member of board of in- 
spection at election to 
vote bonds 96 

and moderator to audit 
director's accounts 52 

bond required 55 

penalty for neglecting 
duties 96 

summons to be served on, 
in suits - 101 

to appear for district in 
suits 54 

to certify judgment 
against district to super- 
visor 105 

to deliver to successor aU 
books, etc., belonging to 
district- 55 

to keep record of receipts 
and expenditures 55 

to pay orders legally 
drawn 55 

to report receipts and 
expenditures to district 
board 55 

Associations: 

teachers may form 67 

Asylums: 

for deaf, dumb, bUnd, and 
insane, con. pro v., art. 

xiii 9 

Ballot: 

election of ofiacers to be by 41 
vote on issuance of 

bonds to be by 100 

voting by 104 

Blind: 

institutions for, con. pro v., 

art., xiii 9 

Board, district: 

(See District board.) 

Board of education: 

(See Stateboardof educa- 
tion.) 
Board of education of graded 
schools: 
how elected and term of 

office. 47,49 

meetings of 50 

of township districts 49 

organization of 49 

powers and duties 46, 51-55 

Board of inspection: 

at election to vote on issu- 
ance of bonds 100 



PAGES. 

Board of regents: 

of university, con. pro v., 

art. xiii 8 

Board of school exammers: 

(See County board of 
school examiners.) 
Board of school inspectors: 

(See Township board of 
school inspectors.) 
Board of trustees in graded 
school districts: 
election and term of office . 

of 49 

officers of 49 

meetingsof - 50 

powers and duties of 51 

vacancy in, how filled 43 

Boards: 

when authorized to exam- 
ine teachers, to collect 

fees 64 

Bond: 

of assessor 54 

of county commissioner 

of schools 16 

Bonds: 

district vote on issuance 

of 100 

time limit of amount 100 

limitation of .-. 100 

vote for, by ballot 100, 104 

Books of record: 

(See records.) 
Books, school: 

(See text-books.) 
Boundaries of districts: 

alterations in 27, 30 

described in first notice.. . 25 
township clerk to give 

notice of change 28 

Building committee: 

voters may appoint 37 

Census of school districts: 

when and how taken. ..33, 53, 94 
Certificate: 

of inspectors establishing 

site--- --- 102 

of instruction in physiolo- 
gy to be filed by teacher- 46 
filed by director with 

township clerk 46 

of township clerk of dis- 
trict taxes 28 

Certificates of qualification to 
teachers: 
college, granted by State 
board of education 69 



lao 



SCHOOL LAW 



PAGES. 

Certificates, etc.— Continued: 

fee to be paid on obtaining 63 

from other states, indors- 
ed by State board of edu- 
cation 63 

given by county board of 
examiners 56 

given by city board 60 

given by faculty of uni- 
versity 62 

given by State board of 
education 15, 63 

grades of and requisite 
qualifications to obtain .56, 63 

holder of, must be citizen 
of United States 59 

holder of must be of good 
moral character 59 

indorsement by supt. of 
public instruction 57 

list of teachers having.. .19, 64 

record to be kept by county 
commissioner of schools 18 

renewal by board of ex- 
aminers 59 

revocation or suspension 
of 19, 60,62 

signed by commissioner 
and one examiner 57 

tvT^o classes of third grade 57 
Chairman: 

of board of school in- 
spectors 22 

of board of school in- 
spectors has supervision 
of schools 22 

of first meeting of dis- 
trict 25,96 

of meeting may arrest dis- 
orderly person 95 

to give bond 22 

to give oath to challenged 
voter 40 

Challenge: 

of voter at district meet- 
ing 40 

Children: 

census list of 52. 94 

compulsory education of. 72 
duties of truant oflacer 

with respect to 73 

entitled to attend kinder- 
garten 92 

indigent, tuition of 91 

Citizen of United States: 

teacher must be 59 



PAGES. 

Clerk: 

of board of school in- 
spectors 22 

of district, director to be. 50 

of township. (See Town- 
ship clerk.) 
Collection: 

of damages for not report- 
ing and assessing taxes.. 96 

of fines for injuring books 84 

of institute fees from 
teachers 64 

of judgments against dis- 
trict 101 

of penalties, etc 99 

oftaxes 80 

Committee on building: 

voters may appoint 37 

Compensation: 

for site, determined by 
jury 102 

of menibers of county 
board of school exam- 
iners 21 

of board of education 14 

of county commissioners.. 16 
Compulsory education: 

age at which compulsory . . 72 

length of time to attend 
school 72 

who are truants under 

this act 74 

Conductor: 

of teachers' institutes 65 

Consolidation of districts: 

(See School districts.) 
Constitional provisions: 

agricultural school, art. 
xiii 9 

districts may be deprived 
of public money, art. 
xiii 8 

escheats of land to the 
State, art. xiii 8 

free schools to be main- 
tained, art. xiii 8 

institutions for deaf, 
dumb, blind, and insane, 
art. xiii 9 

libraries to be provided, 
art. xiii 10 

number months of school 
maintained, art. xiii 8 

regents of the university, 
art. xiii 8 

school funds, art. xiii 7,8 

specific taxes, art. xiv 10 



OF MICHIGAN. 



121 



Pages. 
Constitutional provisions— Cow. ; 
state board of education, 

art. xiii - - 9 

supt. of public instruction, 

art. viii 7 

supt. of public instruction, 

term of oface, art. viii... 7 
supt. of public instruction, 

vacancy in office, how 

mied, art. viii 7 

supt. of public instruction, 

where to keep office — 7 

Contract : 

with teachers- -45, 48, 52, 56, 68 

Corporal punishment : 

supreme court decisions.. 70 

Corporate powers: 

of teachers' associations. 67 

County board of school examin- 
ers: 

compensation of mem- 
bers 16, 21 

duties of county commis- 
sioner - -.-18,22 

election and term of office 
of 16,21 

eligibihty of..- 21 

how appointed 21 

schedule of meetings for 
examinations to be pub- 
lished -- 18 

vacancies in board, how 
filled 18, 21 

shall assist at examina- 
tions 21 

County clerk : 

duties in relation to appor- 
tionment of moneys -..85, 88 

duties in relation to coun- 
ty commissioner 16 

duties in relation to insti- 
tute moneys - 64 

examination of candidates 
for admission to 18 

neglectof duty 97 

County commissioner of schools : 
act as assistant institute 

conductor 20 

certificates, keep record 

of - 19, 65 

counsel with teachers — 19 

dutiesof 18. 19 

examinations, hold 18, 56 

examinations, keep record 

of 19 



PAGES. 

County comm'r of schools— Cora. ; 

examinations, prepare 
schedule of 18 

file acceptance of office 
and bond 16 

re c eive annu al reports 20 

receive institute fees 19 

receive instructions from 
supt. of pubhc instruc- 
tion 20 

County institute: 

(See Teachers' institute.) 
County treasurer : 

apportion Ubrary mon- 
eys -84, 85 

pay teachers' institute 
fund on order of clerk-. 64 

statements of apportion- 
ment filed with - 91 

set apart institute fees as 
institute fund 64 

vouchers for payment at 
teachers' institute filed 

with 67 

Course of study : 

to be prescribed for schools 108 
Crimes and offenses : 

distributing district meet- 
ing - 95 

distributing school 95 

illegal use of moneys 99 

Deaf, dumb and blind: 

institutions for, con. prov., 

art. xiii 9 

Delivery of books, etc., to suc- 
cessor in office : 

by assessor o f district 55 

by supt. of pubUc instruc- 
tion 14 

Deputy supt. of public instruc- 
tion: 

appointment and duties of 11 
Diplomas : 

to graduates of state nor- 

malschool 15 

Director : 

acceptance of office 42 

a member of district 
board 41,47,52 

a member of board of in- 
spection at election to 
issue bonds 100 

and moderator to approve 
bond o f assessor 54 

draw and sign contracts 
with teachers 52 



122 



SCHOOL LAW 



Pages. 
Director— Continued : 

draw and sign warrants 
and orders.. 52 

election and term of oflice. 41 

give notice of meetings... 52 

have custody of school 
house and property 45 

of fractional disti'icts, to 
whom to report 53 

penalty for neglect of 
duties... -- 96 

reports of to be filed with 
township clerk... 52 

to he clerk of district 51 

to file census hst with 
township clerk 52 

tofile certificate of instruc- 
tion in physiology with 
township clerk 46 

to file copies of all reports 52 

to take annual school 
census 58 

to present estimate to 
annual meeting 52 

to present warrants and 
orders to moderator to 
be countersigned 51 

to provide necessary ap- 
pendages 52, 96 

to keep account of ex- 
penses 42, 52 

to keep record of meetings 51 
Disease : 

prevention of communica- 
ble 82 

Disorderly persons : 

treatment of 39, 99 

Districts, school: 

(See School districts.) 
District boards: 

election and tenure of 
oflace of members.. 41, 47, 49 

may admit non-resident 
pupils 46, 90 

majority of members nec- 
cessary at meetings of.. 42 

meetings of 41 

to apply moneys accord- 
ing to law 45 

to apply for jury in suits 
to obtain site 103 

to audit accounts of direc- 
tor 48 

to borrow money 44 

to build, hire, or purchase 
schoolhouses 44 

tocallmeetingsofdistrict. 50 



PAGES. 

District boards— Co?itinued : 

to classify pupils 90 

to contract with teachers 45,48 

to donate or sell library 
books 47 

to employ janitors 49 

to establish rules for 
school.. 46 

to estimate amount for 
' support of schools 44 

to fix rate of tuition to non- 
resident pupils 47, 91 

to have care and custody 
of school property 45 

to have charge of district 
library 47 

to make statement of 
finances at annual meet- 
ing ...44, 45 

to prescribe text-books 
and course of study.. .45, 105 

to provide for instruction 
in physiology 46 

to purchase books for indi- 
gent children 46 

to purchase flag and flag- 
staff 47 

to purchase record books, 
etc 44 

to purchase text-books 
when authorized by 
voters 46 

to purchase or lease site 
for school house 44 

to report taxes to be as- 
sessed 44 

to suspend or expel disor- 
derly pupils 46 

vacancy in, how filled 43 

vacancy in, what to occa- 
sion 42 

when to exclude public 
meetings from school 
house 45 

when may issue bonds 99 

who are eUgible to oflBce. 42 

who to constitute 41, 47, 49 

District libraries : 

(See Libraries.) 
District meetings : 

annual, board to make 
financial report at 45 

annual, powers of voters 
at 34, 39, 51 

annual, regular, where 
held 50 

annual, when to be held.. 31 



OF MICHIGAN. 



123 



Pages. 
District meetings — Contimied: 
business to be trans- 
acted 33,41 

challenging votes at 39 

disorderly persons at 40,95 

in district, primary and 

graded 32, 41 

in district, township 32, 49 

in district, under special 

act 32 

limit of taxes voted 100 

may vote on issuance of 

bonds 99 

notice of 32 

notice of, contents of 34 

notice of, failure to give.. 34 
notice of, none required in 

township district - 34 

special, may be called... 34, 50 

special, notice of 34 

voters at, who are 38 

District ofQcers: 

acceptance of of&ce 42 

election and term of 

office 41, 47, 49 

penalty for neglect of 

duty ..80, 96, 99 

plurality vote does not 

elect 41, 47 

who are ehgible to election 

to 42 

District school : 

(See Schools.) 
District taxes: 

(See Taxes.) 
Disturbing district meeting or 
school: 

penalty for.. 95 

Division of district : 

(See School district; also 
Township board of in- 
spectors.) 
Dog tax, surplus of : 

apportionment of 89 

Education : 

constitutional provisions, 

art. xiii 7, 10 

Election : 

of county commissioner of 

schools 16 

of district officers 41, 47, 49 

of members of county 

board of examiners 21 

of members of State board 

of education, con. pro v., 

art. xiii 9 



Pages. 
Election— Continued : 

of members of State board 
of regents, con. prov., 

art. xiii 8 

of supt. of public instruc- 
tion, con. prov., art. viii. 7 
Electors : 

who are qualified 38 

EMgibility to office : 

in districts 42 

of commissioner. 17 

of examiner 21 

English language : 

instruction to be conduct- 
ed in, con. prov., art. xiiu 8 
Escheats of land to the State : 
constitutional provisions, 

art. xiii 8 

Estimates: 

of amount to be raised by 

tax... 44, 52 

Examinations : 

of applicants for certifi- 
cate 56, 63 

Of candidates for admis- 
sion to freshman class of 

agricultural college 18 

of inspectors' reports by 

county commissioner 20 

questions for 13, 58 

Examiners : 

of teachers, to collect 

fees 64, 65 

to pay fees to county treas- 
urer 65 

Execution: 

not to issue against school 
district 101 

Expenses: 

estimate of , to be present- 
ed at annual meeting.. .44, 52 

of inspectors, limited 23 

of State institute, how 
paid .: 65, 67, 

Fees: 

to be paid by teachers on 
obtaining certificates... 64 
Females: 

eligible to district offices.. 42 

eligible to office of county 
commissioner 17 

eligible to office of town- 
ship school inspector 22 

may vote at district meet- 
ings „ 38 



124 



SCHOOL LAW 



Pages. 

Pines: 

for breach of penal laws, 

con. prov., art xiii 10 

for breach of penal laws, 

apportionment of 85 

for disturbing district 

meeting 40, 95 

for disturbing school 95 

Flag and flag-staff: 

district board to purchase 47,93 
Forfeitures: 

(See Penalties.) 
Formation: 

of districts. (See School 

districts.) 
of teachers' associations.. 67 
Fractional districts : 

(See School districts.) 
Free schools : 

to be provided, con. prov., 

art. xiii 8 

Free text-books : 

district to vote on question 

of furnishing.. 78 

board to estimate amount 

necessary to purchase... 78 
board to make contract 

for furnishing 79 

board to incur penalty for 
failure to comply with 

law. 80 

board to purchase when 

authorized 47, 77 

property of district 77 

Funds: 

educational, con. prov., 

art, xiii 7,8 

library, con. prov.. art. 

xiii 10 

teachers' association 67 

teachers' institute 64 

Geological survey, board of : 

supt. of public instruction 

amemberof 14 

Graded school district: 

annual meeting of 30 

alteration in boundaries 

of 30 

change to primary district 31 

how classified 29 

how organized 30, 39 

not limited to nine sections 

of land. 29 

number of children 29, 39 

two or more contiguous 

districts may organize.- 30 



Pages. 
Graded school district— Continued : 
trustees, consent to be ob- 
tained in alterations of 

boundaries 30 

grades of certificates to 
teachers 56,63 

High schools : 

may be established in 
certain cases 48 

Indebtedness : 

of districts. (See Bonds) 

98,99 

Insane : 

institutions for, con. prov., 

art. xiii 9 

Inspection, board of : 

(See Board of inspection.) 
Inspectors, board of school: 

(See Township board of 
school inspectors.) 
Institutes : 

(SeeTeachers'institutes.) 
Institutions : 

for deaf, dumb, and blind, 

con. prov. , art. xiiL 9 

Instruction : 

to be conducted in the 
English language, con. 

prov., art. xiii 8 

supt. of public instruction 

to have supervision 11 

Interest : 

on State fund for educa- 
tional purposes, con. 
prov, art. xiii 7, 8 

J anitors : 

employed by district board 48 
Judgments : 

against school district 101 

Jurisdiction : 

in actions against districts 101 
Jury: 

in proceedings to obtain 

site 102 

Juvenile disorderly persons: 

penalties imposed upon... 75 

penalties imposed upon 
parents in certain cases.. 74 

to be sent to ungraded 
school 74 

who constitute 74 

Kindergarten: 

aet to apply to the schools. 92 



OF MICHIGAN. 



125 



PAGES. 

"KindeTgarten— Continued: 

children entitled to at- 
tend 92 

duty of district board in 
regard to 92 

Qualtflcations of teachers 
in 9* 

Land: 

escheat to the State, con. 
prov.,art iii 8 

legislature aiay appropri- 
ate same or money aris- 
ing from sale of sam§, 
for , maintenance of 
agricultural school, con. 
prov., art. xiii 9 

proceedings to obtain for 

school house sites 102 

Laws: 

relative to schools to be 
published and furnished 
too£Qcers 12 

of school house site 36 

Legislature: 

to provide for agricultural 

school, con. prov., art. 

xiii 9 

to provide for free schools, 

con. prov., art. xiii 8 

Libraries: 

constitutional provisions, 

art. xiii 10 

Liability: 

of board of inspectors 96 

of county clerk 96 

of district ofiacers 96 

of parent for failure to 

send child to school — 74 
of township clerk and 

supervisor 97 

Librarian: 

to be appointed 84 

Libraries: 

constitutional provisions, 

ai't. xiii 10,83 

district board have charge 

of---- 46, 51 

district, care of 84 

district, what may estab- 
lish 83 

funds, apportionment of.. 85 

funds, forfeitures of 85 

funds, penal fines to be ap- 

pUed to, con. prov., art. 

xiii 10 



PAGES 

Libraries— Continued: 

funds, State supt. to fur- 
nish statement of town- 
ships, etc., entitled to. .83, 85 

township, care of 84 

township, librarian of 84 

tax for support of 85 

Maps: 

of townships showing 
boundaries of districts.. 23 
Meetings: 

for examination of teach- 
ers 56, 60, 63 

joint, of school inspectors 25 

when school house used 
forpubUc 38,45 

(See District meetings.) 
Members: 

of county board of school 
examiners 20 

of board of regents, coi^ 
prov., art. xiii ' 

of board of school inspect- 
ors 21 

of board of trustees 39, 49 

of boards, district 41, 47 

of State board of educa- 
tion, con. prov. , art . xii . - 9 
Moderator: 

acceptance 0f office 42 

a member of district 
board 41, 47 

and assessor to audit and 
pay directors' accounts- 52 

and director to approve 
bond of assessor 54 

election and term of 
ofQceof 41, 47 

penalty for neglect to ac- 
cept office or perform 
duties 96 

to bring suit on assessor's 
bond 54 

to countersign warrants 
and orders 53 

to preside and preserve 
orders at district meet- 
ings 40,96 

Moneys: 

accrued from one-mill tax, 
how used 37, 88 

apportionment by State 
supt., con. prov., art. 
xiii 

apportionment to districts 
by township clerk 29 



126 



SCHOOL LAW 



PAGES, 

M.oneys— Continued: 

board to apply according 
to law 45 

board to report to annual 
meeting receipts and dis- 
bursements 45 

collected on account of 
neglect of of&cers 96 

collected on assessor's 
bond, how applied 54 

county treasure to apply 
for and pay 87 

county treasurer to appor- 
tion library moneys 85 

library, apportionment 
of...- 13,85 

library, derived from 
penal fines, con. pro v., 

art. xiii 10 

library, forfeiture of 85 

library, may be used for 
school purposes 85 

limitations as to borrow- 
ing - 44 

not to be diverted except 
by a two-thirds vote 37 

primary school interest 
fund, apportionment of.. 87 

primary school interest 
fund, districts entitled 
to receive - 87 

primary school interest 
fund, duties of State 
supt.in regard to 12, 87 

primary school interest 
fund, how constituted, 
con. prov., art. xiii 7 

primary school interest 
fund, used only for 
teachers' wages 87 

primary school interest 
fund, when withheld 
from districts, con. 
prov., art. xiii.. 8 

public, defined 98 

pubhc, deposit of 98 

public, how kept 98 

public, how to be used 98 

public, interest accruing 

on 98 

public, orders for pay- 
ment of, unlawful 99 

township treasurer has 
keeping of all school and 
library 50 



PAGES. 

Necessary appendages: 

(See Appendages.) 
Neglect: 

of county clerk to trans- 
mit reports 97 

of district ofiicers 96 

of inspectors in perform- 
ing duties 96 

of parent or guardian to 
send child to school 74 

of supervisor and town- 
.ship clerk in regard to 

taxes 97 

Non-resident pupUs: 

admission of 46, 48, 90 

Normal: 

county 104 

Notices: 

by State supt. of appor- 
tionment 12, 87 

of first meeting in new 
district 24 

of formation of teachers' 
association 67 

of meetings for examina- 
tion of teachers 18 

of meetings to be given by 
director ..32, 52 

of special meetings... 33, 34, 50 

in proceedings to obtain 
site -- 102 

to organize as graded 
school district 30 

to parent or guardian that 
child does not attend 
school - 74 

to township clerk of taxes 
tobelevied. 44 

Number months of school to be 
maintained: 
constitutional provisions, 
art. xiii 8 

Oath: 

by challenged voter at 
district meeting, if false 
deemed perjury 40 

by deputy superintendent 

of pubhc instruction 11 

of school officers 50 

to be made to correct- 
ness of census list 95 

Office: 

acceptance of to be filed..42, 50 

term of district officers — 
21,41,47, 49 



OF MICHIGAN. 



127 



PAGES. 

OfB.ce— Continued: 

term of members of board 

of school examiners 21 

termor members of State 

coard of education, con. 

prov., art. xiii 9 

term of regents of the uni- 
versity, con. prov. art. 

xiii 8 

term of State supt. of 

public instruction, con. 

prov., art. xiii 7 

Oflacers: 

(See names of the several 

ofQces.) 
Official bonds: 

ofassessor 54 

of chairman of board of 

inspectors 21 

of county commissioner of 

schools 16 

One-mill tax: 

assessment, collection and 
disposition of 88 

how surplus may be ap- 
plied, sec. 12 37,88 

Orders: 

on assessor, drawn and 
signed by director 52 

on assessor, countersigned 
bymoderator 54 

Organization: 

of graded schools 30 

of primary district 25 

of township district 32 

Parents and guardians: 

liability for not sending 

children to school 74 

proceedings against for 

failure to send children 

to school 74 

required to send children 

to school 72 

Penalties and forfeitures: 

for disturbing district 

meeting 95 

for disturbing school 96 

for illegal use of public 

moneys 99 

on district for not main- 
taining three months' 
school, con. prov., art. 

xiii 8 

on county clerk for not 
transmitting reports 97 



PAGES. 

Penalties and f orf eitures— Co«. : 

on district officers forneg- 
lect of duty 46. 88, 96 

on inspectors for not quali- 
fying or neglect of duty. 96 

on parent or guardian for 
failure to send child to 
school 74 

on supervisor and clerk 
for neglect of duties 97 

on taxable inhabitant for 
neglect of duty in forma- 
tion of new district 96 

Perjury: 

false oath deemed 40 

Physiology and hygiene: 

director to file copy of 
teacher's certificate of 
instruction with town- 
ship clerk 46, 82 

penalty for failure of dis- 
trict board to comply 
with statute 46, 82 

teacher to certify whether 
instruction has been 
given 46, 82 

text-books to be adopted 
by district board 81 

text-books to be approved 
by State board of educa- 
tion 81 

to be taught by all schools 

in the State 46,81 

PoU-list: 

kept when voting on issu- 
ance of bonds 100 

Poor children: 

to be furnished with text- 
books 46, 77 

President of university: 

constitutional provisions, 

art. xiii 9 

Prevention: 

of communicable diseases 82 
Primary schoolinterest fund: 

apportionment of 12,88 

apportionment of, when re- 
ports are defective 13 

apportionment of, when 
deficiencies may be paid 13 

constitutional provisions 
respecting, art. xiii 7 

school to be maintained 
three months to secure, 
con. prov., art. xiii 8 

specific taxes, part of, con. 
prov., art. xiii 10 



128 



SCHOOL LAW 



PAGES. 

Primary school int. fund— Co;?.. • 
to be used only for teach- 
ers' wages 88 

Proceedings: 

to obtain site for school 

house 102 

Property: 

of district, care of 46 

sale of, directed by voters 36 
sale of, when may be by 

inspectors 27, 28 

of teachers' associations.. 67 
Prosecution: 

(See Action; Proceedings; 
Suits.) 
Public meetings: 

when may be excluded 

from school house 38, 45 

Pubhc moneys: 

(See Moneys.) 
Punishment: 

corporal 70 

Pupils: 

classification of 90 

expulsion or suspension 

of 46, 103 

tuition of non-residents... 

46, 48, 90 

who may be 90 

Purchase: 

of books for library 51, 83 

of books for poor chil- 
dren 46, 77 

of books for records of 

district 43 

of necessary append- 
ages 52, 92 

of school house or school 

site 44, 102 

Qualifications: 

of teachers 59 

Questions: 

for examinations of teach- 
ers 13, 58 

Record: 

director to keep, of pro- 
ceedings 51 

of acceptance of office -.. 42 
of certificates to teachers 18 
of pupils, to be kept by 

teacher 67 

Regents: 

■of the university, con. 

prov., art. xiii 8 

duties of, con. prov., art, 
xiii 9 



PAGES. 

Regents— Continued: 

election and term of oflace 

of, con. pro v., art. xiii 8 

Register: 

of school, kept by teacher. 68 
Regulations: 

at election to vote for 
issuance of bonds 100 

for government of schools. 46 

for libraries 84. 93 

Report: 

liability of officers for 
failure to 96 

of board at annual meet- 
ing 45 

of chairman of board of 
school inspectors 22 

of county commissioner.. 18 

of director, to whom made 
in fractional districts... 53 

of director to inspectors. . 52 

of township clerk, of tax- 
es 23 

of supt. of public instruc- 
tion, annual 11 

of supervisor, of taxes 

assessed 88 

Residents: 

notified of first meeting 
in new district 25 

petition for organization 
of new district 31,32 

qualification of, to vote at 
digtrict meetings 38 

rights of, to attend school 90 
Revenues: 

of schools 87 

Revocation of teachers' certifi- 
cates: 

by board of school exam- 
iners 60, 62 

by State board of educa- 
tion 63 

Sale of property: 

directed by district 36 

when by inspectors 29 

School: 

admission of non-resident 
pupUs 46, 48, 90 

agricultural to be pro- 
vided for, con. prov. 
art. xiii - 9 

board to establish regula- 
tions for 46,103 

board to prescribe course 
of study 105 



OP MICHIGAN. 



129 



PAGES. 

School — Continued : 

board to prescribe text- 
books .-. 45 

closed on account of pre- 
valence of contagious 

diseases. 68 

maintained at least three 
months, con. pro v., art. 

xiii 8 

may be graded 39, 48 

penalty for disturbing 96 

revenues 87 

sectarian instruction is 

abolished...- 105 

suspension or expulsion of 

pupils from 45, 103 

taxes for support of 44 

time necessary to be 

maintained , 37 

to be free, con. pro v., art. 

xiii 8 

ungraded, to be established 74 
School board: 

(See District board.) 
School books: 

(See Text-books.) 
School census: 

time of taking not to be 

changed 94 

when and how taken 53 

School districts: 

cannot be dissolved 26 

changes in boundaries of 

primary 27 

consent of taxpayers 28 

consolidation of 29 

debts formerly due 30 

division of property 30 

failure to organize 26 

form and size 25 

fractional formation of.. 26 

graded 29 

individuals set off 28 

legally organized -- 27 

notice of alteration 28 

notice of meeting for — 27 
notice of first meeting in.. 25 

organization of - 25 

special legislative enact- 
ment for 26 

transfer of territory of 

taxpayers in 27 

unorganized territory 26 

]S4chool examiners : 

(See County board of 
school examiners.) 

9 



PAGES. 

School funds: 

(See Moneys.) 
School houses: 

appendages to, director 
to provide 92, 93 

board to provide 44 

bonds may be issued to 
build 99 

limitations of indebted- 
ness for building loO 

site for, to be purchased 
or leased 44, 102 

tax for building 36, 100 

School oflQcers: 

in primary districts, how 
elected 41 

must be chosen by ballot. 41 

pluraUty vote does not 

elect 41 

School year: 

when to commence 30 

Sites for school houses: 

board to purchase or 
lease 36, 44 

bonds issued for purchase 
of-.., 37, 99 

compensation for, how de- 
termined in cei-tain cases 103 

location of 36, 102 

notice of meeting to 
change 33 

tax for 36 

Specific state taxes: 

how applied, con. prov., 

art. xiv 10 

State board of education: 

constitutional provisions 
for, art. xiii 9 

have care of state normals 14 

examine and approve text- 
books in physiology 15 

grant certificates to grad- 
uates of certain colleges 15 

grant diplomas to grad- 
uates of State normals. 15 

indorse certificates grant- 
ed in other states 15, 63 

maintain school at State 
normal 15 

prescribe course of study 
for normal schools 14 

term of office and salary 

of members 14 

State certificates: 

when granted by State 
board of education 16 



130 



SCHOOL LAW 



PAGES. 

State certi&eates— Continued : 

granted in other states, in- 
dorsed by state board.. 15 

granted to graduates of 
State normal schools.. 15 

granted to graduates of 

certain colleges 15 

State institutions of educa- 
tional character: 

to be visited by supt. of 

public instruction 11 

State normal schools: 

to be under care of State 
board of education, con. 
prov., art. xiii 9 

diplomas and certificates 
to graduates.. 15 

training school in 15 

State teachers' institute: 

to be held annually 66 

State university: 

supervision of, con. prov., 

art. xiii 9 

Studies: 

to be prescribed 105 

Suits : 

and judgments against 
district 37, 101 

assessor to appear for dis- 
trict 101 

jurisdiction of justices in. 101 

on assessor's bond 54 

summons in, served on 
assessor 101 

when moderator may ap- 
pear in, for district 55 

Supt. of Public Instruction: 

appointments made by, 
may be revoked 11 

duties of, con. prov., art. 
xiii 7 

duties of, relative to ap- 
portionment of primary 
school moneys, con. 
prov., art. xiii 7 

election and term of office 
of, con. prov., art. viii... 7 
office of, where located, 
con. prov., art. viii 7 

salary of 11 

to appoint boards of vis- 
itors 14 

to appoint conductors of 
teachers' institutes 14 

to appoint deputy super- 
intendent 11 



PAGES. 

Supt. of Public Instruction— Core.,- 

to approve first grade cer- 
tificates 13, 57 

to be a member and sec- 
retary of State board of 
education 9 

to be a member of State 
board of geological sur- 
vey -- 14 

to dehver official books, 
etc., to successor 14 

to have general supervi- 
sion of public instruction 11 

to hold county teachers' 
institute annually 14 

tb make annual report to 
governor 11 

to meet with governing 
board of each educa- 
tional institution 11 

to prepare all examina- 
tion questions 13, 58 

to prescribe rules for 
boards of school exam- 
iners 13 

to publish and transmit 
laws and forms to officers 12 

to sead examination ques- 
tions to examiners. ?3 

to visit State institutions. 11 

vacancy in office, how 
filled, con. prov. , art. viii. 7 
Superviser: 

liable for not assessing 
taxes 97 

to assess jndgment against 
school district 102 

to assess one-mill tax 88 

to assess tax for support 
of Ubraries. 85 

to assess school tax 89 

township clerk to certify 

taxes to 23 

Surplus: 

of dog tax 89 

of school moneys, how 

apportioned _ 89 

Suspension; 

of pupils from school.. 46, 106 

power of, may be dele- 
gated to teacher 103 

rules for, must be reason- 
able 104 

Taxes: 

amount for purchasing of 
building , 36, 100 



OP MICHIGAN. 



131 



PAGES. 

T axes — Continued : 

district, how collect 89 

estimated and reported by 
district board 43, 80 

failing to be assessed, lev- 
ied next year 89 

for books for indigent 
children 46 

for school purposes 101 

limit of, in certain cases. 36, 44 

of a district, when di- 
vided, to be apportioned 28 

one-mill, assessment, etc., 
of 88 

one-mill, how surplus may 
be applied .37, 88 

report of, by board to 
township clerk 44 

report of, by township 
clerk to supervisor 80 

specific, constitute a part 
of primary school fund, 
con. pro v., art. xiv 10 

supervisor to assess 89 

surplus dog, apportion- 
ment of 89 

Teachers: 

allowed legal holidays 68 

certificates, fees to be 
paid in obtaining 63 

certificates, grades of and 
qualifications necessary 57 

certificates, given by city 
board 60 

certificatesgiven by coun- 
ty board of school exam- 
iners . 57 

certificates, given by fac- 
ulty of university 62 

certificates,givenby State 
board of education 62 

certificates, revoked or 
suspended 60, 62 

close school to attend in- 
stitute 64 

contracts with.45, 48, 52, 56, 67 

contracts valid, made pre- 
vious to annual meeting. 69 

contracts with, necessary 
to entitle teacher to pay. 69 

examination of, by county 
board of examiners 56 

examination of, by State 
board of education 63 

extent of authority 71 

Jegal qualifications 56, 59 

list of, to be furnished- -.18, 64 



PAGES. 

Teachers— Continued : 

must be citizens of United 
States 59 

must be of good moral 
character 59 

to be furnished with copy 
of contract 68 

to file certificate of in- 
struction in physiology, 
with director 46 

to keep school register... 68 

Teachers' associations: 

formation and incorpora- 
tion of 67 

Teachers' institutes: 

aid from State treasurer.. 66 
arranged by State supt..l4. 64 

conductor of 65 

counties may be united in. 65 

expenses of, how paid 65 

funds for support of, how 

raised 64 

State institute, to be held 

annually 66 

State institute, expenses 

p aid from State tre asury 66 

vouchers for expenses 66 

where held 64 

Term of office: 

of district officers 41, 42, 49 

of members of board of 
school examiners 20 

of members of State board 
of education, con. prov., 
art. xiii 9 

of regents of the univer- 
sity, con. prov., art. xiii. . 9 

of supt. of public instruc- 
tion, con. prov. , art. viii . . 7 

of township officers 21 

Text-books : 

free, adoption of, by dis- 
trict 77 

free, board contract with 
dealer 79 

free, board estimate 
amount necessary to 
purchase 80 

free, board incur penalty 
for failure to comply 
with law 80 

free, board purchase when 
authorized 47, 78 

free, loaned to pupils 79 

free, property of district.. 79 



132 



SCHOOL LAW 



PAGES. 

Text-books— Continued : 

on physiology and hygiene, 
approved hy State board 

of education 15, 78 

to be furnished to indigent 

children 46, 77 

to be prescribed by dis- 
trict board 45 

Township board of education: 
(See Board of Education 
in township districts.) 

Township board of school in- 
spectors: 

chairman and clerk of 21 

chairman to be treasurer 

of , and give bond- 21 

charge of schools 21 

duties of, in forming new 

districts 26-30 

number of meetings of 22 

penalty for neglect to 
qualify or perform 

duties. 96 

powers and duties of 21 

reports to be made in 

triplicate 22 

reports, full financial 22 

when, may appoint officers 47 
when, to constitute board. 21 

Township clerk : 

a member and clerk of 

board of inspectors 23 

clerk of townsMp board 

of education 23 

duties of 23 

election and term of office 21 
to apportion moneys to 

districts 23 

to be furnished with a list 

of teachers 52 

to give notice of formation 

of new district 28 

to keep records, reports, 

etc., on file 52, 84 

to prepare map of town- 
ship showing districts... 23 
to receive reports and 

communic ations 23 

to transmit chairman's 

address 23 

Township district: 

how organized 30 

Township treasurer: 

duties in relation to frac- 
tional districts 90 



PAGES 

Township tTe&snreT—Contmiied: 
warrants on, to be signed 
by director and modera- 
tor 80 

Training school at normal : 

maintained by State board 

of education 15 

Treasurer of board of school 
inspectors: 
(See Chairman of board of 
school inspectors.) 
Treasurer of district: 
(See Assessor.) 
Truants: 

sent to reformatory 75 

tried by justice or re- 
corder 75 

ungraded schools provided 

for 74 

who shall be deemed 74 

Truant officers : 

compensation and duties 

of 72 

when appointed 72 

Trustees : 

election of 39,49 

(See board of trustees.) 
Tuition : 

of non-resident pupils 

46, 48, 90 

Transportation 37, 105 

Ungraded schools : 

j uvenile disorderly persons 

to be sent to 74 

University of Michigan : 

constitutional provisions, 

art. xiii 8,9 

diplomas and certificates 

to graduates 63 

United States flag: 
(See Flag.) 

Vacancy: 

in district offices, how oc- 
casioned and filled 42, 43 

in office of regent, con. 

pro v., art. xiii 8 

in offie of supt. of public 
instruction, con. pro v., 

art. viii 7 

Visiting boards : 

appointed by supt. of pub- 
lic instruction 14 

Voters : 

challenge of 40 

in graded districts, elec- 
tion of trustees 39 



OF MICHIGAN. 



133 



PAGES. 

Voters — Continued : 

in primary districts, ap- 
point chairman 35 

in township districts, who 
arequalifled 38, 39 

limitations of authority. .. 91 

powers of, at district meet- 
ings 35-39 

Voting : 

in regard to 104 

Vouchers : 

for payments at teachers' 
institute 66 



PAGES. 

Warrants: 

of director upon treasurer 80 

on State treasurer for 
primary school interest 

fund 12, 13 

Women: 

barred from voting 38 

eligible to election to dis- 
trict offices 42 

eligible to election to office 
of commissioner — 17 

eUgible to election to office 
of school inspector 81 

qualified as voters at dis- 
trict meetings 38 



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NOV 18 1908 



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